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DUKE 

UNIVERSITY 

LIBRARY 

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»    I 


JOURT^^I. 


OK    THE 


ACTS  AND   PROCEEDINGS 


OF    A 


GENERAL   CONVENTION 


OF    THE 


c 


STATE   OF  VIRGINIA, 


ASSEMBLED  AT  RICHMOND, 


ON  WEDNESDAY,  THE  THIRTEENTH  DAY  OF  FEBRUARY,  EIGHTEEN  HUNDRED 

AND   SIXTY-ONE. 


fit  3^ 


.       RICHMOND: 

WYATT  M.  ELLIOTT,  PRINTER. 
1861. 


i^' 


OF   THE 

• 


GENERAL    CONVENTION 


The  titetnbers  of  the  Convention  elected  in  pursuance  of  an  act 
of  the  General  Assembly,  passed  January  lith,  1861,  asson- 
bled  in  the  Capitol,  in  the  City  of  Richtnond,  at  12  o'clock, 
M.,  on  Wednesday,  the  thirteenth  day  of  February,  in  the 
year  of  our  Lord  eighteen  hundred  and  sixty-one,  and  in  the 
eighty-fifth  year  of  the  Commonwealth. 

The  Convenlion  was  called  to  order  by  Mr.  Scott,  of  Fau- 
quier, on  whose  motion,  Mr.  James  H.  Cox,  of  the  County  of 
Chesterfield,  was  unanimously  elected  temporary  President  of  the 
Convention. 

Mr.  Cox  was  conducted  to  the  chair  by  Mr.  Summers  and 
Mr.  Patrick,  and  returned  his  acknowledgments  for  the  honor 
conferred  upon  him. 

On  motion  of  Mr.  Scott,  of  Fauquier,  William  F.  Gordon, 
Jr.,  Clerk  of  the  House  of  Delegates,  was  appointed  temporary 
Secretary  of  the  Convention. 

The  roll  was  then  called  and  the  following  members  answered 
to  their  names: 

Accomac -. William  II.  B.  Ciistis. 

Albemarle ' i  Valentine  W   Southall, 

I  James  P.  Holcombe. 

Alexandria George  W.  Brent. 

Alleghany  and  Bath Thomas  Sitlington. 

Amelia,  and  Nottoway liCwis  E.  Harvie. 

Amherst Samuel  M.  Garland. 

Appomattox l^ewis  D.  Isbell. 


'x/a 


3  G 


4  JOUENAL    OF   THE   COVENTION. 

TA.  H.  H.  Stuart, 
Augusta -<  John  B.  Baldwin, 

(^  George  Baylor. 

Barbour Samuel  Woods. 

Bedford William  L.  Goggin. 

Berkeley Allen  C.  Hammond. 

Brooke Campbell  Tarr. 

Brunswick James  B.  Mai  lory. 

Buckingham William  W.  Forbes. 

Cabell •. . .      William  McComas. 

,  „  ("John  M.  Speed, 

Campbell |  Charles  R.  Slaughter. 

Caroline Edmund  T.  Morris. 

Charlotte Wood  Bouldin. 

Chesterfield James  H.  Cox. 

Clarke Hugh  M.  Nelson. 

Culpeper James  Barbour. 

Cumberland  and  Powhatan William  C.  Scott. 

Dinwiddie James  Boisseau. 

Doddridge  and  Tyler O.J.  Stuart. 

Elizabeth  City,  Warwick,  York  «'^f/ 1  Charles  K.  Mallory. 

Wilhamsburg 3  ■' 

Essex  and  King  S^  Queen. Richard  H.  Cox. 

Fairfax "William  H.  Dulany. 

Fauquier -.^  ?^^^'i.^;,^^^"^ 

^  (^John  Q,.  Marr. 

Fluvanna James  M.  Strange. 

Floyd Harvey  Deskins. 

Frederick  ^  ^^^^^'^  ^-  ^^^^r^^^^ 

^. lames  Marshall. 

Goochland , Walter  D.  Leake. 

Crilmer,  Wirt  atid  Calhoun C.  B.  Conrad. 

Greerie  and  Orange Jeremiah  Morton. 

Greenbrier Saimicl  Price. 

Greenesville  and  Sussex J.  R.  Chambliss. 

Hal  fax Thomas  8.  Flournoy, 

Hampshire S  Edward  M.  Armstrong, 

^  •••'1  David  Pugh. 

Hancock    George  McO.  Porter. 

Hanover George  W.  Richardson. 

Hardy Thomas  Maslin. 

Harrison C  John  S.  Carlile, 

(^ Benjamin  Wilson. 

Hejirico Williams  C.  Wickham. 

He7iry Peyton  Gravely. 

Highland George  W.  Hull. 


JOUBNAL   OF   THE   CONVENTION.  0 

Isle  of  Wifrht Robert  H.  Whitfield. 

Jackson  and  Roane Franklin  P.  Turner. 

(  Alfred  M.  Barbour, 
Jefferson ^  L^g^n  Osburn. 

C  George  W.  Summers, 
Kanau-ha \Spicer  Patrick. 

Kmg  George  and  Stafford Edward  Waller. 

King  William Fendall  Gregory,  Jr. 

Lancaster  and  Northumberland Addison  Hall. 

j^QQ John  1).  Sharp. 

Lee  a7id  Scott Peter  C.  Johnston. 

Lewis Caleb  Boggess. 

C  John  Janney, 
Loudoun I  John  A.  Carter. 

Louisa William  M.  Ambler. 

Lunenburg  '. .'  .'.'.'............ W.  J.  Neblett. 

Madison Angus  R.  Blakey. 

CAlpheus  F.  Raymond, 
Marion |  Ephraim  B.  Hall. 

JMarshall -T^ai^es  Bnrley. 

Mason      James  H.  Couch. 

Matthews  and  Middlesex. .'.'..'......  Robert  h.  Montague. 

Mecklenburg Thomas  F.  Goodo. 

Mercer  Napoleon  B.  French. 

' C  Waitman  T.  Wllley, 

Monongalia -^Marshall  M.  Dent. 

Monroe ->  ^>^1''\T-,  ^^l^P^^^on, 

)  John  Eciiols. 

Montgomery Wm.  Ballard  Preston. 

Morgan Johnson  Orrick. 

Nanscmond John  R.  Kilby. 

Nelson Frederick  M.  Cabell. 

AT-    r  Ti  r>       *,.  S  William  White, 

^''f'^''  Co^.»/y I  j^  ^   Holladay. 

Northampton Miers  W.  Fisher. 

f^i  ■  CSherrard  Clemens, 

^'"'' \  Chester  D.  Hubbard. 

Page Peter  B .  Borst, 

Patrick Samuel  G.  Staples. 

Pendleton Henry  H.  Masters. 

Pocahontas Paul  McNeil. 

Petei^sburg Thomas  Branch. 

„.„    ,       .  C  William  T.  Sutherlin, 

Pittsylvania |  ^^j^j^^^^  ^^   Tredway. 

Pleasants  and  Ritchie Cyrus  Hall. 

„     ,  C  William  G.  Brown, 

Preston ^  j^^^^^^^  q   McGrew. 


6  JOUENAL   OF   THE    CONVENTIOIS'. 

P7'i7ice  Echoard John  T.  Thornton. 

Prince  William Eppa  Hunton. 

Putnam James  W.  Hoge. 

Randolph  and  Tucker John  N.  Hughes. 

Rappahannock Horatio  G.  Moffet. 

C  Wilham  H.  Mactarland, 
Richmond  City -^  Marmadnke  Johnson, 

(^  George  W.  Randolph. 

Richm,ond  County  ^*  Westmoreland.     John  Critcher. 

D    /I'-j  <  Samuel  McD.  Moore, 

Kockondge <t  ot^ 

°  (^  James  is.  Uorman. 

Rockingham \  ?^"^^^?;  \  Coffinan, 

^  (.John  F.  Lewis, 

Scott Colbert  C.  Fugate. 

^,           ,    ,  C Samuel  C.  Williams, 

Shenandoah "^Raphael  M.  Conn. 

Smyth James  W.  Sheffey. 

Southampton John  J.  Kindred. 

Upshur George  W.  Berlin. 

Warren Robert  H.  Turner. 

Wayne Burwell  Spurlock. 

Wetzel liconard  S.  Hall. 

Wood John  J.  Jackson. 

Subsequently  the  following  members  appeared  and  took  their 
seats : 

Bedford John  Goode,  Jr. 

Berkeley Edmund  Pendleton. 

Botetourt William  W.  Boyd. 

Carroll F.  L.  Hale. 

Fayette  nnd  Raleigh Henry  L,  Gillespie. 

„      ...  CJubal  A.  Early, 

■t'ranklin ., |  p^^^^.  g^.^^ders,  Sr. 

Giles Manilius  (Chapman. 

Gloucester John  T.  Seawell. 

Grayson AVm.  C.  Parks. 

Halifax James  C.  Bruce. 

Logan,  Boone  and  Wijoming James  Lawson. 

Pulaski Benjamin  F.  VVysor. 

Roanoke George  P.  Tayloe. 

Rockingham Algernon  S.  Gray. 

Russell  and  Wise William  B.  Aston. 

Spotsylvania John  L.  Marye,  Sr. 

Taylor John  S.  Burdett. 

rr  n  '    '    "  CAVilliam  P.  Cecil, 

J  azewell -<o  it    r^    u 

(^feamuel  L.  Graham. 


JOURNAL   OF   THE    CONVENTION. 


^,,    , ,  C  Robert  E.  Grant, 

Washi72gton I  johi^  A.  Campbell. 

Wythe Robert  C.  Kent. 

The  President  then  announced  that  the  first  business  in 
order  was  the  election  of  a  permanent  President. 

Mr.  Summers  nominated  Mr.  John  Janney,  of  the  County  of 
Loudoun. 

Mr.  Flournoy  nominated  Mr.  Valentine  W.  Southall,  of 
the  County  of  Albemarle. 

The  roll  was  then  called,  with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Janney  are — 
Messrs.  Ed,  M.  Armstrong,        Messrs.  Marmaduke  Johnson, 


John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
George  W.  Brent, 
WiUiam  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
Samuel  A.  Coftman, 
James  H.  Couch, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
William  H.  Dulany, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Addison  Hall, 
Ephraim  B.  Hall, 
L.  S.Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Raymond, 
James  VV.  Hoge, 
J.  C.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 


John  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
Wm.  H.  Macfarland, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
George  McC.  Porter, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
Samuel  Price, 
David  Pngh, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  M.  Tredway, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — TO. 


JOURNAL   OF   THE    CONVENTION. 


The  names  of  those  who  voted  for  Mr.  Southall  arc- 


Messrs.  Win.  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
Harvey  Deskins, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Peyton  Gravely, 
Fcndall  Gregory,  Jr. 
William  L.  Goggin, 
Thomas  F.  Goode, 
Cyrus  Hall, 
Lewis  E.  Harvie, 
Eppa  Hunton, 


Messrs.  Lewis  D.  Isbcll, 

Peter  C.  Johnston, 
J.  J.  Kindred, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  a.  Marr, 
John  L.  iMaryc,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Wm.  Ballard  Preston, 
George  W.  Randolph, 
George  W.  Richardson, 
William 'C.  Scott, 
James  W.  Shefley, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Samuel  C.  Williams, 
Samuel  Woods — 54. 


Mr.  Janney  having  received  a  majority  of  the  whole  number 
of  v»tes  cast,  was  declared  duly  elected.        « 

Mr.  Summers  and  Mr.  Flourxoy  w^ere  appointed  a  committee 
to  wait  upon  the  President  of  the  Convention  to  inform  him  of 
his  election,  and  conduct  him  to  his  seat.  .''u     * 

The  President  being  conducted  to  his  seat,  addressed  the 
Convention  as  follows: 


Gentlemen  of  the  Convention: 

I  tender  you  my  sincere  and  cordial  thanks,  for  the  honor  you 
have  conferred  upon  me,  by  calling  me  to  preside  over  the  de- 
liberations of  the  most  important  Convention  that  has  been  as- 
sembled in  this  State  since  the  year  1776. 

I  am  without  experience  in  the  performance  of  the  duties  to 
which  you  have  assigned  me,  with  but  little  knowledge  of  par- 
Uamentary  law  and  the  rules  wdiich  are  to  govern  our  proceed- 
ings, and  I  have  nothing  to  promise  you  but  fidelity  and  impar- 


JOURNAL    OF   TIIE    CONVENTION.  V 

tialitv      Errors  I  know  I  shall  commit,  bnt  these  will  be  excused 
bv  vour  kindness,  and  promptly  corrected  by  your  wisdom. 

Gentlemen,  it  is  now  almost  seventy-three  years  snice  a  Con- 
vention of  the  people  of  Virginia  was  assembled  m  this  hail  to 
ratify  the  Constitution  of  the  United  States,  one  of  the  chief 
obiects  of  which   was  to  consolidate,  not  the  Government,  but 
the  Union  of  the  States.     Causes  which  have  passed,  and  are 
daily  passin-,  into  history,  which  will  set  its  seal  upon  them, 
but  which  1  do  not  mean  to  review,  have  brought  the  Constitu- 
tion and  the  Union  into  imminent  peril,  and  >  irgiuia  has  come 
to  the  rescue.     It  is  what  the  whole  country  expected  of  iier. 
Her  pride  as  well  as  her  patriotism— her  interest  as  well  as  her 
honor,  called  upon  her  with  an  emphasis  which  she  coiild  not 
disregard,  to  save  the  monuments  of  her  own  glory      Her  ho- 
nored son  who  sleeps  at  Mount  Vernon,  the  political  Mecca  of  all 
future  ages,  presided  over  the  body  whioh  framed  the  Constitu- 
tion- and  another  of  her  honored  sons,  whose  brow  was  adorned 
with  a  civic  wreath  which  will  never  fade,  and  who  now  re- 
poses in  Oranire  county,  was  its  principal  architc-t^,  and  one  ot 
its  ablest  expounders— and,  in  the  administration  of  the  govern- 
ment, five  of  her  citizens  have  been  elected  to  the  chiel  magis- 
tracy of  th«  Kcpublic.     It  cannot  be  that  a  government  thus 
founded  and  administered  can  fail,  without  the  hazard  of  bring- 
ing reproach,  either  upon  the  wisdom  of  our  lathers,  or  upon 
the  intelligence,  patriotism  and  virtue  of  their  descendants. 

It  is  not  my  purpose  to  indicate  the  course  which  this  body 
will  probably  pursue,  or  the  measures  it  may  be  pro]ier  to  adopt. 
The  opinions  ol  to-day  may  all  be  changed  to-morrow.  Events 
arc  thronging  upon  us,  and  we  must  deal  with  them  as  they 
present  themselves. 

Gentlemen,  there  is  a  flag  which  for  nearly  a  century  has 
been  borne  in  triumph  through  the  battle  and  the  breeze,  and 
which  now  floats  over  this  cai)itol,  on  which  there  is  a  star  rep- 
resenting this  ancient  Commonwealth,  and  my  earnest  prayer, 
in  which  i  know  every  member  of  this  body  will  cordially  unite, 
is  that  it  may  remain  there  forever,  provided  always  that  its  lus- 
tre is  untarnished.  We  demand  for  our  own  citizens  perfect 
equality  of  rights  with  those  of  the  empire  States  of  New  York, 
Pennsylvania  and  Ohio,  but  we  ask  for  nothing  that  we  will  not 
cheerfully  concede  to  those  of  Delaware  and  Rhode  Island. 

The  amount  of  responsibility  which  rests  upon  this  body  can- 
not be  exaggerated.  When  my  constituents  asked  nie  if  I 
would  conse'nt  to  serve  them  here  if  elected,  I  answered  in  the 
afliriiifitive,  but  I  did  so  with  fear  and  trembling.  The  people 
of  Virginia  have,  it  is  true,  reserved  to  themselves,  in  a  certain 
contingency,  the  right  to  review  our  action,  but  still  the  mea- 
sures which  we  adopt  may  be  fraught  with  good  or  evil  to  the 
whole  country. 


10  JOURNAL    OF   THE    CONVENTION. 

Is  it  too  much  to  hope  that  we,  and  others  who  are  engaged 
in  the  work  of  peace  and  concihation,  may  so  solve  the  problems 
which  now  perplex  us,  as  to  win  back  our  sisters  of  the  South, 
who,  for  what  they  deem  sufficient  cause,  have  wandered  from 
their  old  orbits?  May  we  not  expect  that  our  old  sister,  Massa- 
chusetts, will  retrace  her  steps?  Will  she  not  follow  the  noble 
example  of  Rhode  Island,  the  little  State  with  a  heart  large 
enough  for  a  whole  continent?  Will  she  not,  when  she  remem- 
bers who  it  was  who  first  drew  his  sword  from  the  scabbard  on 
her  own  soil  at  Cambridge,  and  never  finally  returned  it,  until 
her  liberty  and  independence  were  achieved,  and  whence  he 
came,  repeal  her  obnoxious  laws,  which  many  of  licr  own 
wisest  and  best  citizens  regard  as  a  stain  upon  iier  legis^lative 
records? 

Gentlemen,  this  is  no  party  Convention.  It  is  our  duty  on  an 
occasion  like  this  to  elevate  ourselves  into  an  atmosphere,  in 
which  party  passion  and  prejudice  cannot  exist — to  conduct  all 
our  deliberations  with  calmness  and  wisdom,  and  to  maintain, 
with  inflexible  firmness,  whatever  position  we  may  find  it  ne- 
cessary to  assume. 

The  President  announced  that  the  next  business  in  order 
was  the  election  of  a  Secretiiry. 

Mr.  Tredway  nominated  S.  D.  Whittle,  of  Richmond  City. 

Mr.  Patrick  nominated  Green  Peyton,  of  the  County  of  Al- 
bemarle. 

Mr.  Barbour,  of  Jeflferson,  nominated  Sani'I  T.  Walker,  of 
the  County  of  Rockingham. 

Mr.  Barbour,  of  Culpeper,  nominated  Zephaniah  Turner,  of 
the  County  of  Rappahannock. 
'    Mr.  Moore  nominated  John   L.  Eubank,  of  Richmond  City. 

Mr.  Leake  nominated  S.  Bassett  French,  of  the  County  of 
Chesterfield. 

Mr.  Montague  nominated  John  Bell  Bigger,  of  Richmond 
City. 

Mr.  WiCKHAM  nominated  R.  Lindsay  Walker,  of  the  County 
of  New  Kent. 

The  roll  was  then  called,  with  the  following  result : 

The  names  of  those  voting  for  Mr.  Turner  are — 

Messrs.  John  Janney  (Prcs't)    Messrs.  Eppa  Hunton, 

James  Barbour,  James  Marshall, 

George  W.  Brent,  John  Q.  Marr, 

John  S.  Carlile,  Horatio  G.  Moffett, 

.John  A.  Carter,  Hugh  M.  Nelson, 

James  H.  Cox,  Robert  E.  Scott, 

W.  H.  B.  Custis,  Chapman  J.  Stuart, 


JOURNAL   OF   THE   CONVENTION.  11 

Messrs.  William  H.  Dulanv,  Messrs.  Robert  H.  Turner, 

Cyrus  Hall,  Franklin  P.  Turner, 

Ephraini  B.  Hall,  Edward  Waller, 

L.  S.  Hall,  William  White, 

Allen  C.  Hammond,  Benjamin  Wilson, 

Alpheus  F.  Haymond,  Samuel  Woods — 26. 

The  names  of  those  who  voted  for  S.  T.  Walker  are — 

Messrs.  Alfred  M.  Barbour,  Messrs.  John  N.  Hughes, 

Caleb  Boggess,  George  W.  Hull, 

William  G.  Brown,  John  F.  Lewis, 

Sherrard  Clemens,  '            James  C.  McGrew, 

Samuel  A.  Coffman,  Paul  McNeil, 

Raphael  M.  Conn,  Henry  H.  Masters, 

C.  B.  Conrad,  Edmund  Pendleton, 

James  H.  Couch,  George  McC.  Porter, 

Marshall  M.  Dent,  Campbell  Tarr, 

James  B.  Dorman,  Wait.  T.  Willey— 21. 
J.  G.  Holladay, 

The  names  of  those  who  voted  for  Mr.  Eubank  are — 

Messrs.  James  Burley,  Messrs.  John  J.  Jackson, 

Frederick  M.  Cabell,  Marmaduke  Johnson, 

Allen  T.  Caperton,  William  H.  Macfarland, 

John  Critcher,  Thomas  xMaslin, 

William  W.  Forbes,  Samuel  Mel).  Moore, 

Napoleon  B.  French,  Johnson  Orrick, 

Colbert  C.  Fugate,  John  D.  Sharp, 

Samuel  M.  Garland,  Burwell  Spnrlock, 

AVilliam  It.  Goggin,  James  M.  Strange — 19. 
Addison  Hall, 

The  names  of  those  who  voted  for  Mr.  Peytox  are — 

Messrs.  Thomas  Branch,  Messrs.  William  Ballard  Preston, 

Thomas  S.  Flournoy,  Samuel  I^rice, 

Fendall  Gregory,  Jr.  William  C.  Scott, 

Peter  C.  .Tohnston,  James  W.  Sheffey, 

John  L.  Marye,  Sr.  Valentine  W.  Southall, 

Jeremiah  Morton,  Geo.  W.  Summers— 13. 
Spicer  Patrick, 

The  names  of  those  who  voted  for  Mr.  R.  L.  Walker  are- 
Messrs.  John  B.  Balwin,  Messrs.  Charles  K.  Mallory, 
George  Baylor,  Thomas  Sitlington, 
.Tau)es  C.  Bruce,  Charles  R.  Slaughter, 
Harvey  Deskins,  Alex.  H.  H.  Stuart, 
John  Echols ,  Wms .  C .  Wickham— 1 1 . 
James  P.  HolcombCj 


12 


JOURNAL    OF   THE    CONVENTION. 


The  names  of  those  who  voted  for  Mr.  French  are — 


Messrs.  Edw'd  M 

James  Boisseau, 
Peter  B.  Borst, 
Robert  Y.  Conrad, 
Chester  D.  Hubbard, 


Armstrong,   Messrs.  John  R.  Kilby, 


Walter  D.  Leake, 

David  Pugh, 

Rob.  H.  Whitfield-^0. 


The  names  of  those  who  voted  for  Mr.  Bigger  are — 


Messrs.  Richard  H.  Cox, 
Miers  W.  Fisher, 
Lewis  E.  Harvie, 
Lewis  D.  Isbell, 
James  B.  Maliory, 


Messrs.  Robert  L.  Montague, 
Edmund  T.Morris, 
George  W.  Randolph, 
G.  W.  Richardson— 9. 


The  names  of  those  Avho  voted  for  Mr.  Whittle  are — 


Messrs.  Wm.  M.  Ambler, 
Wood  Bouldin, 
Thos.  F.  Goode, 
John  J.  Kindred, 
William  J.  Neblett, 


Messrs.  .John  M.  Speed, 

William  T.  Sulherlin, 
.TohuT.  Thornton,  ' 
Wm.  M.  Tredway— 9. 


No  person  having  received  a  majority  of  the  votes  cast,  the 
name  of  Mr.  Whittle  was  dropped,  and  the  roll  was  again  called, 


with  the  following  result 


The  names  of  those  who  voted  for  Mr.  Turner  are- 


JVlessrs.  John  Janney,  (PresH)  Messrs. 
James  Barbour, 
Peter  B.  Borst, 
George  W.  Brent, 
.John  S.  Burdett, 
John  S.  Carlile, 
John  A.  Carter, 
Robert  Y.  Conrad, 
James  H.  Cox, 
W.  H.  B.  Custis, 
William  H.  Dulany, 
Peyton  Gravely, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
Eppa  Hunton, 


William  McComas, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 
Edmund  Pendleton, 
Robert  E.  t^cott. 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
William  White, 
Benjamin  Wilson, 
Samuel  Woods— 36. 


} 


JOURNAL   OF   THE   CONYETn:iOTf. 


The  names  of  those  who  voted  for  Mr.  Eubank  are- 


13 


Messrs.  George  W.  Berlin, 
William  W.  Boyd, 
James  Burlev, 
Frederiok  M'.  Cabell, 
Allen  T.  Capertq^, 
John  C  rite  her, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samnel  M.  Garland, 
William  L.  Goggin, 
Ephraim  B.  Hall, 
John  J.  Jackson, 
Marmadnke  Johnson, 


Messrs.  John  J.  Kindred, 

Wm.  H.  Macfarland, 
Thomas  Maslin, 
Samnel  M^D.  Moore, 
Johnson  Orrick, 
David  Pngh, 
George  W.  Randolph, 
John  I).  Sharp, 
Burwell  Spnrlock, 
Samnel  G.  Staples, 
James  M.  Strange, 
George  P.  J'ayloe, 
John  T.  Thornton— 27. 


The  names  of  those  who  voted  for  Mr.  S.  T.  Walker  are- 


H 


Messrs.  Alfred  M.  Barbour, 
Caleb  Boggess, 
William  G.  Brown, 
Sherrard  Clemens, 
Samnel  A.  Coffinan, 
Rajihael  M.  Conn, 
C.  B.  Conrad, 
James  H.  Condi, 
Marshall  M.  Dent, 
James  B.  Dorman, 
James  W.  Hoge, 


Messrs.  J.  G.  Holladay, 
John  N.  Hnghes, 
George  W.  Hull, 
John  F.  Lewis, 
James  C.  McGrew, 
Paul  McNeil, 
Henry  H.  Masters, 
George  McC.  Porter, 
Campbell  Tarr, 
Waitman  T.  Willey, 
Sam 'I  C.  Williams— 22. 


The  names  of  those  who  voted  for  Mr.  R.  L.  Walker  are — 


Messrs.  John  B.  Baldwin, 
George  Baylor, 
Wood  Bonldin, 
James  C.  Bruce, 
John  Echols, 
James  P.  Holcombe, 
Charles  K.  Mallory, 


Messrs.  William  C.  Scott, 
.    Thomas  Sitlington, 
Charles  R.  Slaughter^ 
John  M.  Speed, 
Alex.  H.  H.  Stuart, 
William  T.  Suthorlin, 
W.  C.  Wickham— 14. 


The  names  of  those  who  voted  for  Mr.  Peyton  are — 


Messrs.  Thomas  Branch, 
Jubal  A.  Early, 
Thom<;is  S.  Flournoy, 
Fendall  Gregory,  Jr. 
Chester  D,  Hubbard^ 
Peter  C.  Johnston, 


Messrs.  Spicer  Patrick, 

Wm.  Ballard  Preston, 
Samnel  Price, 
Peter  Saunders,  Sr. 
James  \V.  Sheffev, 
V.  W.  Southall— 12. 


14  JOURNAL   OF   THE    C(3NVENTI0X. 

The  names  of  those  who  voted  for  Mr.  French  arc — 

Messrs.  Ed.  M.  Armstrong,  Messrs.  Waher  D.  Leake, 
Angus  R.  Hlakcy,  James  B.  Mallory, 

James  Hoisscau,  WiHiam  J.  Neblett, 

Jdhn  R.  Chambliss,  Logan  Osburn, 

Thomas  F.  (ioode,  R.  H.  Whitlield— 11. 

John  R.  Kilby,  ^ 

The  names  of  those  who  voted  for  Mr.  Bigger  arc — 

Messrs.  WilhaiM  INl.  Amhlrr,  Messrs.  Lewis  D.  Isbell, 

Richard  II.  Cnx,  Robert  L.  ^h1ntague, 

Miers  VV.  Fisher,  Edmund  T.  Morris — 7. 

Lewis  Fi,  Ilarvie, 

No  person  having  received  a  majority  of  the  votes  cast,  the 
name  of  Mr.  Biirircr  was  dropped,  and  the  roll  was  again  called, 
with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Eubank  arc — 

Messi-s.  William  B.  Aston,  Messrs.  Paul  McNeil, 

James  Boissoau,  William  If.  Mncfarlnnd, 

William  \V.  Boyd,  Thomas  Masiiii, 

Thomas  Branch,  Samuel  Mel).  Moore, 

,  James  Burley,  William  J.  Neblett, 

Frederick  M.'  Cabell,  Johnson  Orrick, 

Allen  T.  Caperton,  Samuel  Price, 

John  Critcher,  David  Pugh, 

Jubal  A.  Early,  George  W.  Randolph, 

Thomas  S.  Flournoy,  Peter  Saunders,  Sr. 

Willinm  W.  Forbes,  John  U.  Sharp, 

Napoleon  B.  French,  James  W.  Sheftey,- 

Colbert  0.  Fugate,  Thomas  Sitlington, 

Sanmel  M.  Garland,  Burwell  Spurlock, 

H.  L.  Gillespie,  '  Samuel  G.  Staples, 

William  L.  Goggin,  James  M.  Strange, 

Addison  Hall,  William  T.  Sutherlin, 

Lewis  1).  Lsbell,  George  P.  Tayloe, 

John  J.  Jackson,  John  T.  Thornton— 39. 
Marmaduke  Johnson, 

The  names  of  those  who  voted  for  Mr.  Turner  are- 
Messrs.  John  Janney,  (Prest.)  Messrs.  Eppa  Hunton, 

James  Barbour,  William  McComas, 

George  W.  Brent,  James  B.  Mallor\^ 

John  S.  Burdett,  James  Marshall, 

John  S.  Carlile,  John  Q.  Marr, 


JOURNAL   OF   THE    CO?A*E]STIOjS-. 


15 


Messrs.  John  A.  Carter, 

Robert  Y.  Conrad, 
James  H,  Couch," 
James  H.  Cox, 
VV.  H.  B.  Custis, 
William  H.  Dulany, 
Peyton  Gravely, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheus  F,  Haymond, 
James  VV.  Hoge, 
John  N.  Hughes, 


Messrs.  John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 
Robert  E.  Scott, 
Chapman  J.  Stuart, 
George  VV.  Summers, 
William  M.  Tredway, 
Robert  H,  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
William  White, 
Benjamin  Wilson, 
Samuel  Woods — 38. 


The  names  of  those  who  voted  for  Mr.  S.  T.   Walker  are — 


Messrs.  Alfred  M.  Barbour, 
George  Baylor, 
Caleb  Boggess, 
Peter  B.  Borst, 
William  G.  Brown, 
Sherrard  Clemens, 
Samuel  A.  CofFman, 
Raphael  M.'Conn, 
C.  B.  Conrad, 
Marshall  M.  Dent, 
James  B.  Dorman, 
Robert  E.  Grant, 


Messrs.  Algernon  S.  Gray, 
J.  G.  Holladaj'-, 
Chester  I).  Hubbard, 
George  \Y.  Hull, 
John  F.  Lewis, 
James  C.  McGrew, 
Henry  H.  Masters, 
George  McC.  Porter, 
Campbell  Tarr,   ^ 
Waitman  T.  Willey, 
Sam'l  C.Williams— 23. 


The  names  of  those  who  voted  for  Mr.  French  are — 


Messrs.  Ed.  M.  Armstrong, 
Angus  R.  Blakey, 
John  R.  Chambliss, 
Miers  W.  Fisher, 
John  Goode,  Jr. 
Thomas  F.  Goode, 


Messrs.  John  R.  Kilby, 
John  J.  Kindred, 
Walter  D.  Eeake, 
Robert  L.  Montague, 
Logan  Osburn, 
Rob.  H.  Whitfield— 12. 


The  names  of  those  who  voted  for  Mr.  R.  L.  Walker  are- 


Messrs.  Wood  Bouldin, 
James  C.  Bruce, 
Richard  H.  Cox, 
Harvey  Deskins, 
John  Echols, 
James  P.  Holcombe, 


Messrs.  Charles  K.  Mallory, 
Edmund  T.  Morris, 
George  W.  Richardson, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Wms.C.Wickham--12. 


16 


journaI  of  the  convention. 


The  names  of  those  who  voted  for  Mr.  Peyton  are— 


Messrs.  John  B.  Baldwin, 
•      John  A.  Caniphcll, 
Fendall  Gregory,  Jr. 
Lewis  E.  Harvie, 
Peter  C.  Johnslon, 


Messrs.  Spicer  Patrick, 

VViUiam Ballard  Preston, 
William  C.  Scott, 
Valentine  W.  Sonthall, 
Alex.  H.  II.  Stuart— 10. 


No  person  having  received  a  majority  of  the  votes  cast,  the 
name  of  Mr.  Peyton  was  dropped,  and  the  names  of  Messrs. 
French  and  S.  T.  Walker  were  withdrawn,  when  the  roll  was 
again  called,  with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Eubank,  are- 


Messrs.  Ed.  M.  Armstrong. 
William  B.  Aston. 
Wood  Bouldin. 
William  W' .  Boyd. 
Thomas  Branch. 
James  Jiurley. 
Frederick  M.  Cahcll. 
Allen  T.  Capcrton. 
William  P.  Cecil. 
John  R.  Chambliss. 
Manilius  Chapman. 
*    Sherrard  Clemens. 
Sannicl  A.  Cotfman, 
Raphael  M.  Conn. 
C.  B.  Conrad. 
John  Critcher. 
Jubal  A.  Early. 
Thomas  S.  Flonrnoy, 
William  W.  Forbes. 
Napoleon  B.  French. 
Colbert  C.  Fugate. 
Samuel  M.  Garland. 
H.  L.  Gillespie. 
Robert  E.  Grant 
William  L 
Addison  Hall 
Lewis  E.  Harvie. 
Chester  D.  Hubbard. 
George  W.  Hull. 
Lewis  D.  Isbell. 
John  J.  Jackson. 
Marmaduke  Johnson. 


Goggin. 


Messrs.  Peter  C.  Johnston. 
John  R.  Kilby. 
Walter  D.  Leake. 
Jan)es  C.  McGrcw. 
}\\u\  McNeil. 
Wm.  H.  Macfarland. 
Thomas  Maslin. 
Henry  H.  Masters. 
Sanuiel  McD.  Moore. 
William  J.  Neblett. 
Johnson  Orrick. 

Lojjan  Osburn. 

William  C.  Parks. 

Edmund  Pendleton. 

Wm.  Ballard  Preston. 

Sanuiel  Price. 

David  Pugh. 

Geo.  W.  Randolph. 

Peter  Saunders,  Sr. 

William  C.  Scott. 

John  D.  Sharp. 

James  W.  Shetfey. 

Thomas  Sitlington. 

Burwell  Spurlock. 

Samuel  G.  Staples. 

Alex.  H.  H.  Stuart. 

James  M.  Strange. 

William  T.  Sutherlin. 

George  P.  Tayloe. 

John  T.  Thornton. 

Benj.F.  Wysor— 63. 


JOURNAL   OF   THE   CONVENTION. 
The  names  of  those  who  voted  for  Mr.  Turner,  are— 


17 


Messrs.  John  Janney,  (Pros 
Alfred  M.  Barbour, 
James  Barbour, 
Angus  R.  Blakey, 
Caleb  Boggess, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
John  S.Carlile, 
John  A.  Carter, 
Robert  Y.  Conrad, 
James  H.  Couch, 
James  H.  Cox, 
W.  H.  B.  Custis, 
Marshall  M.  ©cut, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Peyton  Gravely, 
Algernon  S.  Gray, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.Hall, 
Allen  C.  Hammond, 


^.^•Messrs.  Alpheus  F.  Haymond, 
James  W.  Hoge, 
^  J.  G.  HoUaday, 

John  N.  Hughes, 
Eppa  Hunton, 
John  J.  Kindred, 
William  McComas, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 
George  McC.  Porter, 
Robert  E.  Scott, 
Chapman  J.  Stuart, 
Campbell  Tarr, 
William  M.  Tredway, 
Robert  H.  Turner, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Waitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Samuel  Woods — 51. 


The  names  of  those  who  voted  for  Mr.  R.  L.  Walker,  are- 
Messrs.  John  B   Baldwin,  Messrs.  John  F.  Lomhs 

George  Baylor,  j,^e.s  B.  Mallory 

,         Ws  Boisseau,  Roben  L.  Mont  I^ue, 

Petei  B  Borst,  Edmund  T.  MoitIs 

:Ioh     EchoTf'^"^  Charles  R.  Slaughter: 

]^^Og^ry,Jr.  ]^Til'^!-''^^ 

James  P.  Holcombe,  w.    C.  Wickham-lS. 

nam'e  Tm    R "^  Wnn'"^  a  m.a,-ority  of  the  votes  cast,  the 
^^^'J^^^^::,^^^^'^-"^^-  ^he  rollVas 
The  names  of  those  who  voted  for  Mr.  Eubvnk  are- 

3    iohnB.Baldwi,;:'  ^ZS^!^;' 


18 


JOURNAL   OF  THE    CONVEimolT. 


Messrs.  George  Baylor, 

George  W.  Berlin, 
James  Boisseau, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
James  Biirley, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T,  Caperton, 
WiUiam  P.  Cecil, 
John  R.  Chambliss, 
Manillas  Chapman, 
Shcrrard  Clemens, 
Sanmel  A.  Coffman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
Jubal  A.  Early, 
John  Echols. 
Thomas  S.  Flonrnoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
William  L.  Goggin, 
Addison  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Chester  D.  Hubbard, 
George  W.  Hull, 
Lewis  D.  Isbell, 
John  J.  Jackson, 


Messrs.  John  R.  Kilbj'', 

•  Walter  D.  Leake, 
John  F.  Lewis, 
Paul  McNeil , 

♦  William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
Thomas  Maslin, 
Henry  H.  Masters, 
►Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Edmund  Pendleton, 
William  Ballard  Preston, 
Sj^nniel  Price, 

David  Pugh, 
George  W.  Randolph, 
George  W.  Richardson, 
Peter  Saunders,  Sr. 
William  C.  Scott, 
.Tohn  D.  Sliarp, 
James  W.  Sbefley, 
Thoujas  Sitlington, 
Cbarles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M   Speed, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
James  M.  Strange, 
William  T.  Sutherhn, 
George  P.  Tayloe, 
John  T.  Thornton, 
Williams  C.  Wickham, 
Benj.  F.  Wysor— T7. 


The  names  of  those  who  voted  for  Mr.  Zeph.  Turner  arc — 


Messrs.  JohnJanuey,(PresU.)  Messrs. 
Alfred  M.  Barbour, 
James  Barbour, 
Angus  R.  Blakcy, 
Caleb  Boggess, 
Peter  B.  Borst, 
George  W.  Brent, 
William  G.  Brown, 


J.  G.  Holladay, 
John  N.  Hughes, 
Eppa  Hunton, 
John  J.  Kindred, 
William  McComas, 
James  C.  McGrew, 
John  Q.  MaiT, 
John  L.  Marye,  Sr. 


JOURNAL   OF   THE   CONVENTION. 


19 


Messrs.  James  C.  Bruce, 
John  S.  Burdett, 
John  S.  Carhle, 
John  A.  Carter, 
James  H.  Couch, 
James  H.  Cox, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
WilHam  H.  Dulany, 
Miers  W.  Fisher, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Feiidall  Gregory,  Jr. 
John  (ioode,  Jr. 
Thomas  F.  Goode, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


Messrs.  Horatio  G.  Moflfett, 
Robert  L.  Montague, 
Edmund  T.   Morris, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 
Spicer  Patrick, 
George  McC.  Porter, 
Robert  E.  Scott, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  IM.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Samuel  Woods — 59. 


J 


Mr.  Eubank  having  received  a  majority  of  the  votes  cast,  was 
declared  duly  elected  Secretary  of  the  Convention. 
On  motion  of  Mr.  Scott,  of  Fauquier, 

Resolved,  That  when  the  Convention  adjourns  to-day,  it  adjourn  to  meet  at  the 
Hall  of  the  Mechanics'  Institute,  to-morrow  at  12  o'clock.  , 

On  motion  of  Mr,  Morton, 

Resolved,  That  the  sittings  of  this  Convention  be  daily  opened  with  prayer,  and 
that  the  President  request  the  Clergy  of  the  city  to  officiate. 

On  motion  of  Mr.  Clemens,  the  rules  of  the  House  of  Dele- 
gates were  adopted  for  the  government  of  the  Convention  until 
otherwise  ordered. 

Mr.  PmcE  submitted  the  folloAving  resolution  which,  on  mo- 
tion of  Mr.  Montague,  was  laid  upon  the  table: 

Resolved,  That  no  member  shall  be  regarded  as  entitled  to  any  seat  which  he  is 
not  immediately  occupj'ing. 

On  motion  of  Mr.  Scott,  of  Fauquier,  the  Convention  ad- 
journed until  to-morrow  at  12  o'clock. 


20  JOUENAL  OF  THE  CONVENTION. 


V  Thursday,  Feb.  14th,  1861. 

The  Convention  met  pursuant  to  adjournment  in  the  Hall  of* 
the  Mechanics'  Institute,  at  12  o'clock,  M. 

Mr.  Timothy  Hives,  a  delegate  from  the  Counties  of  Prince 
George  and  Surry,  and  Mr.  George  Blow,  Jr.,  a  delegate  from 
the  City  of  Norfolk,  appeared  and  took  their  seats. 

Prayer  by  the  Rev.  Mr.  Duncan,  of  the  Methodist  Church. 

The  President  announced  that  the  first  business  in  order 
was  the  election  of  Sergeant-at-Arms. 

Mr.  Macparland  submitted  the  following  resolution: 

Resolved,  That  the  President  of  the  Convention  be  antiiorized  to  appoint  all 
theofliccrs  necessary  to  complete  the  organization  of  this  body,  to  consist  of  a 
Sergeant-at-Arms,  two  Door  Keepers,  and  four  Pages. 

Mr.  Montague  proposed  to  amend  the  resolution  by  referring 
the  appointment  of  the  ofllccrs  necessary  to  comjilete  the  organ- 
ization to  a  Committee  of  fifteen,  to  be  selected  by  the  President 
from  the  difTerent  portions  of  the  iStatc." 

On  motion  of  Mr.  Patrick,  the  resolution  and  amendment 
were  laid  upon  the  table. 

The  Convention  then  proceeded  to  the  election  of  Sergeant- 
at-Arms. 

Mr.  Neblett  nominated  Mr.  \V.  C.  Snead  of  the  County  of 
Lunenburg. 

Mr.  .Iounston  nominated  Mr.  C.  B.  Cosby,  of  the  County 
of  Washington. 

Mr.  VV^iLLEY  nominated  Mr.  J.  W.  Rives,  of  the  County  of 
Barbour. 

Mr.  C.  H.  Mallory  nominated  Mr.  R.  H.  Vauglian,  of  Eliz- 
abeth City. 

Mr.  Morris  nominated  Mr.  Atwell,  of  the  County  of  Car- 
oline. 

Mr.  DoRMAN  nominated  Mr.  N.  A.  Thompson, of  the  County 
of  Hanover. 

Mr.  Macfarland  nominated  Mr.  J.  C.  Moss,  of  the  City  of 
Richmond. 

Mr.  Hoffman  nominated  ]Mr.  A.  J.  Parish,  of  the  County  of 
Albemarle. 

Mr.  DuLANY  nominated  Mr.  J.  E.  Scmggs,  of  the  County  of 
Fauquier. 

Mr.  Garland  nominated  Mr.  John  H.  Fuqua,  of  the  County 
of  Amherst. 

Mr.  Ro.  Y.  Conrad  nominated  Mr.  T.  B.  P.  Ingram,  of  the 
City  of  Richmond. 

Mr.  BonsT  nominated  Mr.  C.  M.  Johnson,  of  the  County  of 
Fauquier. 


JOUKNAL    OF   THE   COlSrVENTION, 


21 


Mr.  Rives  nominated  Mr.  J.  B.  Senner,of  the  City  of  Frede- 
ricksburg. 

Mr.  CuAiviBLiss  submitted  the  following  resolution,  w^ich  on 
motion  of  Mr.  Dormax,  was  laid  upon  the  table. 

Resolved,  That  all  the  nominations  be  referred  to  a  committee  of  five  members 
who  shall  make  the  selection  from  the  nominees. 

The  roll  was  then  called,  with  the  following  result: 
The  names  of  those  who  voted  for  Mr.  Thompson  are — 


Messrs.  Edward  M.  Armstrong,  Messrs 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
iVilliam  W.  Boyd, 
James  C.  Bruce, 
Manilius  Chapman, 
Sherrard  Clemens, 
VV.  H.  B.  Custis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
John  Echols. 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
H.  L.  Gillespie, 
Samuel  H.  Graham, 
Algernon  S.  Gray, 
Allen  C.  Hammond, 


,  James  W.  Hoge, 
George  W.  Hull, 
John  R.  Kilby, 
Walter  D.  Leake, 
John  Gl.  Marr, 
Thomas  Maslin, 
Henry  H.  Masters. 
Samuel  McD.  Moore, 
Spicer  Patrick, 
Samuel  Price, 
George  W.  Richardson, 
John  T.  Seawell, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Benj.  F.Wysor— 37. 


The  names  of  those  who  voted  for  Mr.  Rives  arc — 


Messrs.  George  W.  Berlin, 
Caleb  Boggess, 
William  G.  Brown, 
John  S.  Burdett, 
James  Barley, 
John  S.  Cariile, 
C.  B.  Conrad, 
James  H.  Conch, 
Jubal  A.  Early, 
Peyton  Gravely, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
Chester  D.  Hubbard, 


Messrs.  John  N.  Hughes, 
John  J.  Jackson, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
Johnson  Orrick, 
Peter  Saunders,  Sr. 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
Franklin  P.  Turner, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Samuel  Woods — 26. 


22  JOURNAL    OF   THE    CONVENTION. 

The  names  of  those  who  voted  for  Mr.  Parish  are — 

Messrs.  WiUiam  M.  Ambler,       Messrs.  L.  S.  Hall, 

•  Angus  R.  Blakey,  James  P.  Holcombe, 

Samuel  A.  Coffman,  Robert  C.  Kent, 

Raphael  M.  Conn,  Jeremiah  Morton, 

Harvey  Deskins,  George  W.  Randolph, 

Fendall  Gregory,  Jr.  James  M.  Strange, 

Addison  Hall,  Sam'i  C.  Williams— 14. 

The  names  of  those  who  voted  for  Mr.  Cosby  are — 

Messrs.  William  B.  Aston,  Messrs.  John  D.  Sharp, 

John  A.  Campbell,  James  W.  Sheffey, 

Colbert  C.  Fugate,  Charles  R.  Slaughter, 

Robert  E.  Grant,  Valentine  W.  Southall, 

Peter  C.  Johnston,  John  M.  Speed, 

William  C.  Parks,  Campbell  Tarr— 13. 
William  Ballard  Preston, 

The  names  of  those  who  voted  for  Mr.  Ingram  are — 

Messrs.  .Tohn  Janney,  (Prest.)  Messrs.  Hugh  M.  Nelson, 
John  A.  Carter,  Logan  Osburn, 

Robert  Y.  Conrad,  David  Pugh, 

.Tohn  F.  Lewis,  Robert  E.  Scott, 

James  Marshall,  Robert  H.Turner — II. 

Horatio  G.  Moffett, 

The  names  of  those  who  voted  for  Mr.  Snead  are — 

Messrs.  James  Boisseau,  Messrs.  Lewis  D.  Isbell, 
Wood  Bouldin,  James  B.  IMallory, 

John  R.  Chambliss,  William  J.  Neblett, 

Thomas  F.  Goode,  John  T.  Thornton— 9. 

Lewis  E.  Harvie, 

The  names  of  those  who  voted  for  Mr  Senner  are 

Messrs.  Thomas  Branch,  Messrs.  John  L.  Marye,  Sr. 
George  W.  Brent,  Timothy  Rives, 

J.  G.  Holladay,  Edward  Waller— 7. 

John  R.  Kilby, 

The  names  of  those  who  voted  for  Mr.  Scruggs  are — 

Messrs.  William  H.  Dulany,       Messrs.  Samuel  G.  Staples, 

William  W.  Forbes,  William  T.  Sutherlin, 

William  C.  Scott,  Wm.  M.  Tredway— 6. 


JOURNAL    OF   THE   CONVENTION.  23 

The  names  of  those  who  voted  for  Mr.  Vaughan  are — 

Messrs.  Richard  H.  Cox,  Messrs.  Robert  L.  Montague, 

Miers  W.  Fisher,  John  T.  Seawell— 5. 

James  B.  Mallory, 

The  names  of  those  wlio  voted  for  Mr.  Fuqua  are — 

Messrs.  WilHam  P.  Cecil,  Messrs.  William  L.  Goggin, 

Samuel  M.  Garland,  John  Goode,  Jr. — 4. 

The  names  of  those  who  voted  for  jNIr.  Atwell  are — 
Messrs.  John  Critcher,  Edmund  T.  Morris. — 2. 

The  names  of  those  who  voted  for  Mr.  Johnsox  are — 

Messrs.  Peter  B.  Borst,  Eppa  Ilunton. — 2. 

No  person  having  received  a  majority  of  the  votes  cast, 
Mr.  Mark  moved  that  the  rules  be  suspended  to  enable  him 
to  offer  the  following  resolution: 

Reaolved,  That  all  the  candidates  for  the  office  of  Sergeant-at-Arms,  except 
the  three  who  received  the  largest  vote  be  dropped. 

The  motion  to  suspend  the  rules  was  agreed  to,  and  the  reso- 
lution adopted. 

The  roll  was  then  called  with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Thompson  arc — 

Messrs.  John  Janney,  (Prest.)  Messrs.  John  J.  Jackson, 

Edward  M.  Armstrong,  Marmaduke  Johnson, 

William  B.  Aston,  Peter  C.  Johnston, 

John  B.  Baldwin,  John  R.  Kilby, 

Alfred  M.  Barbour,  John  J.  Kindred, 

James  Barbour,  John  F.  Lewis, 

George  Baylor,  Wm.  H.  Macfarland, 

George  Blow,  Jr.  Charles  K.  Malloiy. 

•  Wood  Bouldin,  James  B.  Mallory. 

William  W.  Boyd,  James  Marshall, 

Thomas  Branch,  John  Q..  Marr, 

George  W.  Brent,  John  L.  Marye,  Sr. 

James  C.  Bruce,  Thomas  Maslin, 

John  A.  Campbell,  Heniy  H.  Masters, 

Allen  T.  Caperton,  Samuel  McD.  Moore, 

John  A.  Carter,  Hugh  M.  Nelson, 

John  R.  Chambliss,  Logan  Osburn^ 


24 


JOUENAL    OF   THE    CONVENTIOl?'* 


Messrs.  Manilius  Chapman, 
Sherrard  Clemens, 
Robert  Y.  Conrad, 
James  H.  Cox, 
John  Critclier, 
W.  II.  B.  Custis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
William  11.  Dulany, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Floiirnoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Samuel  L.  Graliam, 
Robert  E.  Grant, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Cyrus  Hall, 
Allen  C.  Hammond, 
James  W.  Hoge, 
J.  G.  Holladay, 
George  W.  Hull,' 


Messrs.  Spicer  Patrick, 

George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Richardson 
Timothy  Rives, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
William  C.  Scott, 
.lohn  D.  Sharp, 
V.  W.  Southall, 
Samuel  G.  Stai)les, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
Wm.  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
AVilliam  M.  Tredway, 
Ildward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham. 
Benj.  F.  VVysor— 84. 


The  names  of  those  who  voted  for  Mr.  Farish  are — 


Messrs.  Wm.  M.  Ambler, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Frederick  INI.  Cabell, 
William  P.  Cecil, 
Samuel  A.  Coflman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Harvev  Desk  ins, 
Miers'W.  Fisher, 
Samuel  31.  Garland, 
Fendall  Gregor}',  Jr. 
JohnGoode,  Jr. 
Tliomas  F.  Goode, 
Addison  Hall, 
L.  S.  Hall, 
James  P.  HolcombCj 


Messrs.  Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
Walter  D.  Leake, 
Horatio  G.  Motfett, 
Robert  L.  Montague, 
Edmund  T.  iMorris, 
Jeremiah  Mort<in, 
William  J.  Neblett, 
William  C.  Parks, 
George  W.  Randolph,     i 
James  W.  Sheffey, 
diaries  R.  Slaughter, 
.John  M.  Speed, 
James  M.  Strange, 
Robert  H.  Turner, 
Sam'l   C.  Williams— 35 


JOURNAL    OF   THE    CONVENTION.  25 

The  names  of  those  who  voted  for  Mr.  Rives  are- 
Messrs.  George  W.  Berhii,  Messrs.  Chester  D.  Hubbard. 

Srn!^  ^*'""^'^'  J'^'i"  N.  Hughes, 

Wilhani  G.  Brown,  William  McComas, 

John  S.  Burdett,  James  C.  McGrew, 

James  Burley,  Paul  McNeil, 

John  S.  Carlilc,  Johnson  Orrick, 

0.  B.  Co]n-ad,  Burwell  Spurlock, 

.lames  H.  Couch,  Franklin  P.  Turner, 

Peyton  Gravely,  Waitman  T.  Willev, 

Ephrann  B.  Hall,  Bcnjamim  Wilson, 

Alpheus  F.  Raymond,  Samuel  Woods— 22. 

Mr.  N.  A.  Thompson  having  received  a  majority  of  the  votes 
cast,  was  declared  duly  elected  Sergeant-at-Arms. 

Mr.  Nelson  submitted  the  following  resolution,  which  on 
motion,  was  laid  upon  the  table. 

rp?ort"S,'?.'!**-S-°"''"'"^^°^~TT'"^'"''^"  ^^  appointed  to  consider  and 
report  vvliat  rules  of  proceedings  of  the  House  of  Delegates,  are  applicable  as 

ought  ?o  be  made"!'^'  Convention,  and  what  amendment  thereof,  'f  any! 

The  President  announced  that  the  next  business  in  order,  was 
the  election  of  First  Door  Keeper. 

Mr.  J.  B  Mallory  nominated  Mr.  C.  Drumwright,  of  the 
County  of  Mecklenburg. 

Ricf^'  ^d  ^^'^^^  laminated  Mr.  Richard  Reins,  of  the  City  of 

Mr  French  nominated  Mr.  B.  R.  Linkous,  of  the  County 

of  Raleigh.  ^ 

Mr.  Critcher  nominated  Mr.  J.  R.  Fisher,  of  the  City  of 
Richmond.  ^ 

Air.  Johnson,  nominated  Mr.  S.  H.  Jeter,  of  the  City  of 
Richmond.  ■' 

Mr.  Carhle  nominated  Mr.  Charles  Lewis,  of  the  County 
of  Harrison.  ^ 

Mr.  Flournoy  nominated  Mr.  Charles  Kent,  of  the  County 
of  Pittsylvania.  ' 

Mr.  Morton  nominated  Mr.  Wm.  Routt,  of  the  County  of 
Greene.  •' 

Mr.  William  C.  Scott,  nominated  Mr.  J.  F.  Simpson,  of 
the  County  of  Powhatan. 

Mr.  BouLDiN  nominated  Mr.  W.  B.  Wills,  of  the  County  of 
Charlotte.  ^ 

Mr.  WicKHAM  nominated  Mr.  F.  V.  Sutton,  Jr..  of  the  City 

of  Richmond.  *  ^ 


26  JOURNAL    OF   TUE   CON^^NTIOW. 

The  roll  was  then  called,  with  the  following  result: 
The  names  of  those  Avho  voted  for  Mr.  Linkous  are — 


Messrs.  William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
William  W.  Boyd. 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
William  P.  Cecil, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
John  Echols. 
Miers  VV.  Fisher, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
n.  L.  Gillespie, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
Algernon  S.  Gray, 
William  L.  Goggin, 
F.  L.  Hale, 
Allen  C.  Hammond, 
James  W.  Hoge, 


Messrs.  Eppa  Hunton, 

Peter  C.  Johnston, 
Robert  C.  Kent, 
John  F.  Lewis, 
William  McComas, 
Paul  McNeil, 
Thomas  Maslin, 
Samuel  McD.  MOore, 
William  C.  Parks, 
S])if"cr  Patrick, 
William  I3allard  Preston, 
Samuel  Price, 
David  Pugh, 
Peter  Saunders,  Sr. 
John  I).  Sharp, 
James  W.  Sheffey, 
Burwell  Spurlock, 
Sanuiel  G.  Staples, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
William  White, 
Benj.  F.  Wysor— 45. 


The  names  of  those  who  voted  for  Mr.  Lewis  are — 


Messrs.  Alfred  M.  Berbour, 
George  W.  Berlin, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
John  S.  Carlile, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
EphraimB.  Hall, 
Alpheus  F.  Haymond, 
Chester  D.  Hubbard, 


Messrs.  John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
James  C.  McGrew, 
Horatio  G.  Molfett, 
Johnson  Orrick, 
Logan  Osburn, 
George  McC.  Porter, 
Chapman  J.  Stuart, 
Campbell  Tarr, 
Franklin  P.  Turner, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Samuel  Woods— 29. 


JOURNAL   OF   THE   CONTENTION.  27 

The  names  of  those  who  voted  for  Mr.  Jeter  are 

Messrs.  John  Janney,  (PresH)  Messrs.  Waher  D.  Leake, 

WilHam  M.  Ambler,  William  H.  Maofarland, 

John  R.  Chambliss,  Charles  K.  Mallory, 

ManiHus  Chapman,  John  Q.  Marr, 

Raphael  M.  Conn,  Robert  L.  Montague, 

Richard  H.  Cox,  George  W.  Randolph, 

William  W.  Forbes,  Timothy  Rives, 

Fendall  Gregory,  Jr.  Robert  E.  Scott, 

L-  ^-  Hall,  Valentine  W.  Southall, 

Lewis  E.  Harvie,  James  M.  Strange, 

Marmaduke  Johnson,  John  T.  Thornton, 

John  R.  Kilby,  Robert  H.  Whitfield, 

John  J.  Kindred,  8am'l  C.  Williams— 26. 

The  names  of  those  who  voted  for  Mr.  Sutton  are- 
Messrs.  Samuel  M.  Garland,       Messrs.  George  W.  Richardson, 
John  Goode,  Jr.  John'  T.  Seawell. 

John  L.  Marye,  Sr.  Charles  R.  Slaughter, 

Edmund  T.  Morris,  Wms.  C.  Wickham— 8. 

The  names  of  those  who  voted  for  Mr.  Drumwright  are- 
Messrs.  James  Boisseau ,  Messrs.  Thomas  F.  Goode, 
Thomas  Branch,  James  B.  Mallory, 
George  W.  Brent,  William  J.  Neblett— 6. 

The  names  of  those  who  voted  for  Mr.  Routt  are- 
Messrs.  James  Barbour,  Messrs.  James  P.  Holcombe 
Angus  R.  Blakcy,  Jeremiah  Morton,     ' 
Peter  B.  Borst,  Robert  H.  Turner— 6. 

The  names  of  those  who  voted  for  Mr.  Kent  are 

Messrs.  William  H.  Dulany,       Messrs.  William  T.  Sutherlin 
Thomas  S.  Flournoy,  Wm.  M.  Tredway— 5. 

Peyton  Gravely, 

The  names  of  those  who  voted  for  Mr.  Wells  are- 
Messrs.  Wood  Bouldin,  Messrs.  Hugh  M.  Nelson, 
Lewis  D.  Isbell,  John  M.  Speed— 4. 

The  names  of  those  who  voted  for  Mr.  Reins  are- 
Messrs.  Edw'd  M.  Armstrong,  Mr.  Henry  H.  Masters— 3. 
Addison  Hall, 


28 


JOURNAL   OF   THE   COTTVENTION. 


The  names  of  those  who  voted  for  Mr  Simpson  are- 


Mr.  James  H.  Cox, 


Mr.  WiUiam  C.  Scott— 2. 


Mr.  John  Critcher  voted  for  Mr.  Fisher. 

No  person  having  received  a  majority  of  the  votes  cast, 
Mr.  Morris  moved  that  the  rules  be  suspended  to  enable  him 
to  offer  the  following  resolution: 

Resolved,  That  all  the  candidates  for  the  office  of  First  Door  Keeper,  except 
the  three  who  received  the  largest  vote,  be  dropped. 

The  motion  to  suspend  tlie  rules  wa.s  agreed  to,  and  the  reso- 
lution adopted. 

The  roll  was  then  called,  with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Lixkous  are — 


Messrs.  Edw'd  M.  Armstrong,  Messrs. 
William  li.  Aston, 
John  B.  Bnldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
Angus  R.  Blakcy 
George  Blow,  Jr. 
Caleb  Boggess, 
Peter  B    iJorst, 
William  W.  Boyd, 
George  W.  Brent, 
John  S.  Burdctt, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
William  P.  Cecil, 
Samuel  A.  Coffman, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Robert  E.  Grant, 


Allen  C.  Hammond, 
Alplicus  F.  Haymond, 
James  W.  Hoge, 
Eppa  Hun  ton, 
Lewis  f),  Isbell, 
John  J.  Jackson, 
Peter  C.  Joiinston, 
Robert  C.  Kent, 
Walter  1).  Leake, 
John  F.  Ix>wis, 
William  Mc Comas, 
Paul  McXeil, 
Thomas  Maslin, 
HiMiry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
William  C.  Parks, 
Spicer  Patrick? 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pngh, 
Peter  Saunders,  Sr. 
John  D.  Sharp, 
James  W.  Sheffey, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
Edward  Waller, 


JOURl^AL   OF   TIIE   COIT^'ENTION. 


29 


Messrs.  Peyton  Gravely, 

Algernon  S.  Gray, 
William  L.  Goggin 
F.  L.  Hale, 


Messrs.  William  WHiite, 

Williams  C.  Wickham. 
Samuel  Woods, 
Bcnj.  F.  W^ysor— 70. 

The  names  of  those  who  voted  for  Mr.  Jeter  are — 


Messrs.  John  Janncy  {PresH)   Messrs. 
Wm.  M.  Ambler, 
James  Boisseaii, 
Wood  Bonldin, 
Thomas  Braiich, 
Frederick  M.  Cabell, 
John  R.  Chambliss, 
Manilius  Chapman, 
Raphael  M.  Conn, 
.lames  H.  Cox, 
Richard  H.  Cox, 
John  Critcher, 
William  H.  Dulany, 
William  W.  Forbes, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
Fendall  Gregory,  Jr. 
Addison  Hall, 
L.  S.Hall, 
Lewis  E.  Harvie, 
J.  G.  Holladay, 
Marmaduke  Johnson, 
John  R.  Kilby, 
John  J.  Kindred, 
William  H.  Macfarland, 


Charles  K.  Mallory, 
James  B.  Mallory, 
.John  Q.  xMarr, 
John  L.  JMary^e,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Edmund  Pendleton, 
Geo.  W.  Randolph, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott. 
Charles  R.  Slaughter, 
A'alentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton. 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Robert  H.  Wliitfield, 
Sam'lC.  Williams— 50. 


The  names  of  those  who  voted  for  Mr.  Lewis  are — 


Messrs.  George  W.  Berlin, 
William  G.  Brown, 
James  Burlcy. 
John  S.  Carlile, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
Ephraim  B.  Hall, 
Chester  D.  Hubbard, 

Mr.  LiiXKous  having  received  a  majority  of  the  votes  cast,  was 
declared  duly  elected  First  Door  Keeper. 
The  President  presented  a  communication  from  the  Governor 


Messrs.  .lohn  N.  Hughes, 
George  \Y.  Hull, 
James  C.  McGrcw, 
Johnson  Orrick, 
Logan  Osburn, 
George  McC.  Porter, 
Campbell  Tarr, 
Waitman  T.  Willey, 
Benjamin  WilsSn — 19. 


30  JOURNAL   OF   THE   CONVENTION. 

of  the  Commonwealth,  enclosing  a  letter  from  the  Hon.  John  S. 
Preston,  of  South  Carcjhia,  presenting  his  credentials  as  Special 
Commissioner  from  the  Government  of  South  Carolina,  and  en- 
closing also  the  credentials  of  the  Hon.  Fulton  Anderson  as 
Special  Commissioner  from  the  State  of  Mississippi,  which  were 
read,  and,  on  motion  of  Mr.  Montague,  were  laid  upon  the  table 
and  ordered  to  be  printed.     [Doc.  No,  I.] 

The  President  presented  a  letter  from  the  Hon.  John  L.  Ben- 
ning,  presenting  his  credentials  as  Special  Commissioner  from 
the  State  of  Georgia,  whicli  was  read,  and  on  motion  of  Mr. 
Montague,  laid  upon  the  table  and  ordered  to  be  printed. 
[Doc.  No.  H.] 

Mr.  Preston  submitted  the  following  resolution,  which  was 
adopted : 

Resnhcd,  Tliat  a  committee  of  five  he  appointed  l)y  the  President  to  wait  upon 
Hon.  John  S.  Preston,  Commissioner  from  the  State  of  South  Carolina;  Hon. 
Henry  L.  Bcnninii,  Commissioner  from  tlie  State  of  Georjiia,  and  Hon.  Fulton 
Anderson,  Commissioner  from  tlic  State  of  Mississippi,  and  infurm  them  tJiat 
tliis  Convention  of  the  people  of  Virginia  respectfully  invites  them  to  seats  in 
this  Hall,  and  will  receive  at  such  time,  and  in  such  mode  as  they  may  severally 
prefer,  any  messages  they  may  have  to  deliver. 

The  President  announced  the  following  committee  in  accor- 
dance with  the  foregoing  resolution:  William  Ballard  Preston, 
Lewis  E.  Harvie,  William  H.  .Alacfarland,  Robert  Y.  Conrad, 
and  Robert  L.  Montague. 

Mr.  Havmond  submitted  the  following  resolution,  which  was 
adopted: 

Resolved,  That  the  President  of  the  Convention  be  authorized  to  employ  four 
pages,  whose  services  are  to  be  for  the  use  of  the  members  of  this  Convention. 

Mr.  Caperton  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Staples,  was  laid  upon  the  table. 

Resolved,  That  the  seats  for  Delegates  in  this  Hall  sliall  be  regarded  as  free 
among  the  members  of  the  Convention,  and  not"  specially  appropriated,  except 
whilst  occupied. 

The  President  announced  that  the  next  business  in  order 
was  the  election  of  Second  Doorkeeper. 

On  motion  of  Mr.  Morris,  the  Convention  adjourned. 


JOURNAL    OF   THE    CONVEKTION. 


31 


Friday,  Feb.  15th,  1861. 

The  Convention  met  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Duncan,  of  the  Methodist  Church. 

Mr.  Henry  A.  Wise,  the  delegate  from  the  County  of  Prin- 
cess Anne,  appeared  and  took  his  seat. 

The  President  announced  that  the  first  business  in  order 
was  the  election  of  Second  Door  Keeper. 

Mr.  Forbes  nominated  Mr.  John  J.  Winn,  of  the  County  of 
Albemarle. 

Mr.  McCoMAS  nominated  Mr.  H.  S.  Coleman,  of  the  County 
of  Stafford. 

Mr.  Gregory  nominated  Mr.  Roscoc  Burke,  of  the  County 
of  King  William. 

Mr.  Tredway  nominated  Mr.  S.  H.  Jeter,  of  the  City  of 
Richmond. 

Mr.  Si'eed  nominated  Mr.  W.  Josiah  Leake,  of  the  County 
of  Goochland. 

Mr.  Cox,  of  Chesterfield,  nominated  Mr.  Welch,  of  the 
County  of  Chesterfield. 

Mr.  Montague  nominated  Mr.  Joseph  Tompkins,  of  the 
County  of  Chesterfield. 

The  roll  was  then  called,  with  the  following  result : 

The  names  of  those  who  voted  for  Mr.  Jeter  are — 


Messrs.  John  Janney,  (Prest.)  Messrs, 
James  Boisseau, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
John  S.  Carlile, 
John  A.  Carter, 
John  R.  Chambliss, 
Richard  H.  Cox, 
Thomas  S.  Flournoy, 
Peyton  Gravely, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 
J.  G.  Holladay, 
Marmaduke  Johnson, 
John  R.  Kilby, 


William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B .  Mallory, 
James  Marshall, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
William  C.  Parks, 
George  W.  Randolph, 
Timotliy  Rives, 
John  T.  Seawell,  - 
Chapman  J.  Stuart, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Treadway, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Benj.  F.  Wysor— 35. 


82 


JOURNAL   OF  Tllfi   CONVEitTiOlt. 


The  names  of  those  who  voted  for  Mr.  Lrake  are— ^ 


Messrs.  WilHam  M.  Ambler, 
William  B.  Aston, 
Angus  R.  Blakey, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  iJoyd, 
John  A.  Campbellj 
William  P.  Cecil, 
Manilius  Chapman, 
Sherrard  Clemens, 
James  H.  Conch, 
William  H.  Dulany, 
John  Echols, 
Miers  W.  Fisher, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 


Messrs.  Robert  E.  Grant, 
John  Goode,  Jr. 
F.  L.  Hale, 
John  J.  Jackson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  J,  Kindred, 
Waiter  1).  Leake, 
J'Mnuind  T.  Morris, 
Jeremiah  Morton, 
Samuel  Price, 
Cicorgc  W.  Richardson  J 
James  W.  Shelfey, 
'I'bomas  Sitlini^ton, 
John  M.  Speed, 
Williams  C.  Wickham^ 
Henry  A.  Wise — 34. 


The  names  of  those  who  voted  for  Mr.  Welch  arc — 


Messrs.  Alfred  M.  Barbour, 
George  Blow,  Jr. 
Thomas  Branch, 
William  G.  Brown, 
.lames  Burley, 
Sanniel  A.  Colfman, 
Raphael  M.  Conn, 
James  II.  Cox, 
.     W.  H.B.  Cnstis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
Jubal  A,  Early, 
Allen  C.  Hammond, 


Messrs.  Chester  1).  Hul)l)ard, 
Sannicl  Mci).  Moore, 
Edmund  Pendleton, 
(ieorge  McC  Porter, 
William  Ballard  Preston^ 
David  Pugh, 
I'eter  Saunders,  Sr. 
Jtobert  E.  Scott, 
Saimiel  G.  Staples, 
Campbell  Tarr, 
William  White, 
Waitman  T.  Willey, 
Sam'l  C.  Williams— 26. 


The  names  of  those  M'ho  voted  for  Mr.  Coleman  are — 


Messrs.  Ed.  M.  Armstrong, 
James  Barbour, 
George  W.  Berlin, 
Caleb  Boggess, 
John  S.  Burdetl, 
C.  B.  Conrad, 
Napoleon  B.  French, 
Algernon  S.  Gray, 
James  W.  Hoge, 


Messrs.  William  McComas, 
Paul  McNeil, 
John  (i.  Marr, 
Jolin  L.  Marye,  Sr. 
Thomas  Maslin, 
Henrv  H.  Masters, 
Horatio  G.  Moffett, 
Johnson  Orrick, 
John  D.  Sharp, 


.TOUR?fAL    OF   THE   COTTTENTIOX. 


83 


Messrs.  John  N.  Hughes, 
George  VV.  Hull, 
Eppa  Hunton, 
James  Lawsoii, 


Messrs,  Burwcll  Spurlock, 
Edward  Waller, 
Benjamin  Wilson, 
Samuel  Woods — 26. 


The  names  of  those  who  voted  for  Mr.  Winn  are- 


Messrs.  John  B.  Baldwin, 
George  Baylor, 
George  W'.  Brent, 
Robert  Y.  Conrad, 
William  W.  Forbes, 
Samuel  M.  Garland, 
William  L.  Goggin, 
Thomas  F.  Goode, 


Messrs.  James  P.  HolcombCj 
John  F.  Lewis, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Alex.  H.  H.  Stuart, 
James  M.  Strange, 
George  P.  Tayloc — 15. 


Mr.  Fendall  Gregory,  Jr.,  voted  for  Mr.  Burke. 
Mr.  Robert  L.  Montague  voted  for  Mr.  Tompkins. 

No  person  having  received  a  majority,  Mr.  jNIouton  moved, 
that  the  rules  be  suspended  to  enable  him  to  offer  the  following 
resolution: 

Resolved,  Tliat  the  selection  of  Second  Door  Keeper  be  made  from  the  four 
candidates  who  have  received  the  largest  vote  cast. 

The  motion  was  agreed  to,  and  the  resolution  adopted. 
The  roll  was  then  called  with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Leake  are — 


Messrs.  Wm.  M.  Ambler, 
William  B.  Aston, 
.Tohn  B.  Baldwin, 
Angus  R.  Blakey, 
Peter  B.  Borst, 
W'ood  Bouldin, 
William  W.  Bovd, 
W^illiam  P.  Cecil, 
Manilius  Chapman, 
Sherrard  Clemens, 
James  H.  Couch, 
William  H.  Dulany, 
John  Echols, 
Miers  W.  Fisher, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 


Messrs.  John  J.  Jackson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
J.  J.  Kindred, 
Walter  D.  licake, 
James  C.  McGrew, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  C.  Parks, 
Spicer  Patrick, 
Samuel  Price, 
George  W.  Richardson, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  VV.  Southall, 


34 


JOURNAL  OF  THE  COXVENTIOX. 


Robert  E.  Grant, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Lewis  D.  Isbell, 


John  M.  Speed, 
James  M.  Strange, 
Robert  H 
Wms.  C. 
Henry  A, 


Turner, 
VVickham. 
Wise— 46. 


The  names  of  those  who  voted  for  Mr.  Jeteu  are — 


Messrs.  John  Janncy,  (Prcs't)  Messrs. 
James  Boisseaii, 
James  C.  Bruce, 
John  S.  Bnrdett, 
Frederick  M.  Cabell, 
John  S.  Carlilo, 
John  A.  Campbell, 
John  A.  Carter, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
Robert  Y.  Com-ad, 
Richard  H.  Cox, 
Thomas  S.  Flonrnoy, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 
Addison  Hall, 
Cyrns  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvic, 
Alpheus  F.  Haymond, 
James  P.  Holcombe, 


jNLirmatlukc  Johnson, 
John  R.  Kilby, 
Wni.  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
Wm.  J.  Neblett, 
Hugh  M.  Nelson, 
Logan  Osburn, 
George  W.  Randolph, 
Timothy  Rives, 
John  T.  Scawell, 
Chapman  .1.  Stuart, 
William  T.  Suthcrlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  :\L  T^edway, 
Franklin  P.  Turner, 
Sanuiel  C.  Williams, 
Benj.  F.  Wysor— 40. 


The  names  of  those  who  voted  for  Mr.  Welch  arc — 


Messrs.  Alfred  M.  Barbour, 
George  Baylor, 
George  Blow,  Jr. 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  Burley, 
Allen  T.  Caperton, 
Samuel  A.  CofTman, 
James  H.  Cox, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
Jubal  A.  Earlv, 
William  W.  Forbes, 
Ephraim  B.  Hall^ 


Messrs.  Allen  C.  Hanmiond, 
Chester  D.  Hubbard, 
John  F.  Lewis, 
Sanmel  McD.  Moore, 
Edmund  Pendleton, 
George  McC.  Porter, 
William  Ballard  Preston, 
David  Pugh, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
Samuel  G.  Staples, 
Alex.H.  H.  Stuart, 
Campbell  Tarr, 
William  White, 
Waitman  T.  Willey— 31 


JOURNAL  OF  THE  COXYEN'TIOX. 


35 


The  names  of  thosd  who  voted  for  Mr.  Coleman  are — 


Messrs.  Ed.  M,  Armstrong, 
James  Barbour, 
George  W.  BerUn, 
Caleb  Boggess, 
C.  B.  Conrad, 
John  Critcher, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Algernon  S.  Gray, 
James  W.  Hoge, 
John  N.  Hughes, 
George  W.  Hull, 
Eppa  Hunton, 
James  Lawson, 

No  person  liaving  received  a  majority,  Mr.  Wise  mo\'ed  that 
the  rules  be  suspended  to  enable  him  to  submit  a  motion  declar- 
ing the  candidate  who  had  received  the  highest  vote  the  Second 
Door  Keeper,  and  the  question  being  put  was  decided  in  the 
negative. 

The  name  of  Mr.  Coleman  was  dropped  under  the  rules,  and 
the  roll  was  again  called  with  the  following  result: 

The  names  of  those  who  voted  for  Mr.  Leake  are — 


Messrs.  William  McComas, 
Paul  McNeil, 
John  Q..  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  ^Masters, 
Horatio  G.  Moffett, 
Johnson  Orrick, 
John  D.  Sharp, 
Burwell  Spurlock, 
Edward  Waller, 
Benjamin  AVilson, 
Samuel  Woods — 27. 


Messrs.  William  M.  Ambler,       Messrs 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
James  Barbour, 
Angus  11.  Blakey, 
Peter  B.  Bnrst, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  A.  Campbell, 
Allen  T.  Capcrton, 
William  P.  Cecil, 
Manilius  Chapman, 
Sherrard  Clemens, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 


Alpheus  F.  Haymond, 
James  W.  Hoge, 
John  N.  Hughes, 
George  W.  Hull, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
^^^alter  D.  Leake, 
James  C.  McGrew, 
Paul  McNeil, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Moifett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Johnson  Orrick, 
William  C.  Parks, 


36 


JOURNAL  OF  THE  CONVENTIOiV- 


Messrs.  Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Uulaiiy, 
John  Echols, 
Miers  W,  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  (ioode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 


Messrs.  Spicer  Patrick, 

Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Richardson, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  Shelley, 
Thomas  Sithiigton, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Jojm  M.  Speed, 
Sanuicl  G.  Staples, 
James  M.  Strange, 
John  T.  Thornton, 
Robr-rt  II.  Turner, 
Williams  C.  Wickham, 
Henry  A.  Wise — 79. 


The  names  of  those  who  voted  for  Mr.  Jkter  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
George  W.  Berlin, 
James  Boisseau, 
John  S.  Burdett, 
Frederick  M.  Cabell, 
John  S.  Carlile, 
John  A.  Carter, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Richard  H.  Cox, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 
Addison  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
J.  G.  Holladay, 
Marmaduke  Johnson, 
John  R.  Kilby, 
William  Mc Comas, 


William  H.  Macfarland, 
Charles  K.  ^Mallory, 
James  B.  Mai  lory, 
James  Marshall, 
John  Q,.  Marr, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Geoige  \V.  Randolph, 
Timothy  Rives, 
John  T.  Seawell, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
Franklin  P.  Turner, 
Edward  Waller, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Samuel  Woods, 
Benj.  F.  Wysor— 42. 


JOURNAL  OF  THE  COXVEXTIOX-  37 

The  names  of  those  who  voted  for  Mr.  Welch  are — 

Messrs.  George  Baylor,  Messrs.  John  J.  Jackson, 

George  lilow,  Jr.  John  F.  Lewis, 

Caleb  Boggess,  Thomas  Mashn, 

William  G.  Brown,  Samuel  McD.  x\Ioore, 

James  Burley,  Edmund  Pendleton, 

Samuel  A.  Coffman,  George  McC.  Porter, 

James  H.  Cox,  Peter  Saunders,  Sr. 

W.  H.  B.  Custis,  Alex.  H.  H.  Stuart, 

Jiibal  A.  Early,  Campbell  Tarr, 

Ephraim  B.  Hall,  William  White, 

Allen  C.  Hammond,  Robert  H.  Whitfield, 

Chester  D.  Hubbard,  Wait.  T.  Willey— 24. 

Mr.  Leak^  having  received  a  majority,  was  declared  duly 
elected  Second  Doorkeeper. 

Mr.  Pheston  from  the  committee  appointed  to  wait  upon  the 
Commissioners  from  the  States  of  South  Carolina,  Georgia  and 
Mississippi,  presented  the  following  report,  which  was  unani- 
mously adopted: 

The  committee  appointed  by  the  Convention  to  wait  upon  Ihe  Commissioners 
from  the  Slates  of  South  Carolina,  Georgia  and  Mississippi,  to  invite  them  to 
accept  seats  on  the  floor  of  this  Convention,  and  inform  them  that  the  Conven- 
tion would  receive  any  messages  from  them,  respectively,  at  such  time  and  in 
such  form  as  they  might  choose,  respectfully  report: 

That  the  committee  waited  upon  the  gentlemen  named  in  the  resolution,  yes- 
terday evening,  and  stated  to  them,  as  directed,  the  purport  of  the  visit.  The 
Commissioners  expressed  their  grateful  sense  of  the  courtesy  shown  to  them  per- 
sonally, and  the  honorable  consideration  of  their  mission,  and  accepted  the  ten- 
der of  seats  upon  this  floor  (which  they  now  occupy),  and  said  Ihat  if  it  should 
suit  the  convenience  of  the  Convention, they  desired  to  address  it  orally  on  Mon- 
day next.  All  which  they  requested  the  committee  to  communicate  to  the  Con- 
vention. 

On  motion  of  Mr.  Preston,  the  following  resolution  was 
adopted: 

Resolved,  That  the  Convention  will,  on  Monday  next  at  12  o'clock,  receive  the 
Commissioners  from  the  States  of  South  Carolina,  Georgia,  and  Mississippi,  ac- 
cording to  the  report  of  the  committee. 

On  motion  of  Mr.  Tredway,  the  following  resolution  was 
adopted : 

Resolved,  That  editors  of  newspapers  published  in  the  city  of  Richmond,  and 
reportei's  for  such  papers,  be  admitted  to  scats  in  the  Convention,  under  the  di- 
rection of  tlie  President. 

On  motion  of  Mr.  Haymond,  the  following  resolution  was 
adopted: 

Resolved,  That  the  President  of  the  Convention  appoint  a  Committee  of  Elec- 
tions, consisting  of  thirteen  members,  to  whom  shall  be  referred  the  returns  of 
delegates,  and  all  matters  relating  to  contests  for  seats  in  the  Convention. 


38  JOURNAL  OF  THE  CONVENTION". 

Mr.  Nelson  moved  that  the  resolution  submitted  by  him  yes- 
terday, be  taken  up  for  consideration^  and  the  question  being 
put,  was  decided  in  the  negative. 

Mr.  DoRMAN  moved  to  suspend  Uie  rules  with  the  view  of 
submitting  the  following  resolution,  which  was  agreed  to,  and 
the  resolution  adopted. 

Reaolved,  That  the  rules  of  the  Virginia  Convention  of  1850,  so  far  as  applica- 
ble, be  adopted  for  the  government  of  the  Convention,  and  that  200  copies  of  the 
same  be  printed  for  the  use  of  this  body. 

The  said  rules  are  as  follows: 

RULES  AND  REGULATIONS. 

1.  The  President  of  the  Convention  shall  take  thft  Chair  every 
day  precisely  at  the  hour  to  which  the  Convention  shall  have  ad- 
journed the  day  preceding;  shall  immediately  call  the  members 
to  order,  and  on  the  appearance  of  a  quorum,  shall  cause  the 
Journal  of  the  preceding  day  to  be  read  for  correction.  He  shall 
preserve  order  and  decorum;  may  speak  to  points  of  order  in  pre- 
ference to  other  members;  rising  from  his  seat  for  that  purpose; 
shall  decide  questions  of  order,  subject  to  an  appeal  to  the  Con- 
vention ;  shall  daily  examine  and  correct  the  Journal  before  it  is 
read;  shall  have  a  general  direction  of  the  hall;  may  call  any 
member  to  the  Chair  to  perform  its  functions  not  exceeding  one 
day;  shall  set  apart  seats  in  the  hall  for  the  members  of  the  Gen- 
eral Assembly,  and  of  the  Executive  of  this  State,  for  the  Judges 
of  this  State,  and  of  the  United  States;  and  for  such  other  per- 
sons as  he  may  think  proper  to  invite  Avithin  the  hall;  for  any 
disturbance  or  disorder  among  spectators  in  the  hall  or  gallery, 
he  or  the  chairman  of  the  committee  of  the  whole,  (as  the  case 
may  be)  shall  have  power  to  order  the  same  to  be  cleared; 
he  shall  appoint  all  committees  not  otherwise  ordered;  shall 
promptly  call  members  to  order  for  transgressing  the  rules;  and 
when  two  members  rise  at  tlie  same  time  to  address  the  Chair, 
shall  name  the  one  who  is  to  speak,  taking  care  however  always 
to  allow  a  member  who  rises  and  addresses  the  Chair  first,  to 
speak  first. 

2.  No  member  shall  absent  himself  from  the  service  of  the 
Convention,  unless  he  be  sick  and  unable  to  attend. 

3.  A  member  about  to  speak  or  deliver  any  matter  to  the  Con- 
vention, shall  rise  from  his  seat,  and  without  advancing,  shall, 
with  due  respect  address,  "  Mr.  President,''^  confining  himself 
strictly  to  the  point  in  debate,  avoiding  all  personality,  and  inde- 
cent and  disrespectful  Ir.nguage. 

4.  No  member  while  addressing  the  Convention,  shall  call  an- 
other member  by  name. 


JOURNAL  OF  THE  CO.NTEXTIOX  39 

de  ay.     He  shal   not  snf?o         """^  ''V^  '"  '^'^''^  "^^"^^^^  without 

necessaVlo-'S-.ct  bti,'"""''''',  °^  ""^  Convention  .hall  be 
tenninXcco^S  f  to    ,Tvm:  nfV™'y-^™''T  ^'"'"  ^'  d''" 

act  bulesr'"''  "''  ""''  ™'""'"^«  ^'■'""  1^=  '>«««ary  to  trans- 

.0  Ws  e1ai;:e^5:'b:';:i;^;r"i„nZ^";;'"  -y  -""-Vn  respec 

its  comraiftees,  or  wlmsl  il  di  p.,i?„       h'""',''''  ''"'^'^  ""y  "^ 
ter,  or  hinder  anvnir J     f  ^    '  "'directly  attempt  to  de- 

shil  be  deemed  to 'f;"     ""'".  WE^anng,  or  giving  evidence, 
punishedtcordiif.      ™  '°""""'''  '^  '"'s''  »"'"«'  ^''d  ^hall  bo 

of  snch CO  mjlSri  h.  ''"'"'='>,«>/  Pnvdego,  until  the  matter 
to  the  l,ot°sc!  «-^^a'".iied  by  a  committee  and  reported 

into'^Jtodyirri'it^  t"  vtrdf  7r- "",  ^'""^  ^  p^^^™ 

dolhiN-  fi.v  .0,.  1-  ^''^^^'  ^o"^  eveiy  day  detained  111  custody  two 
brSran  f,om^eI>rrr^',''  '*"  ""^  P""--"  "' "'^'"dy 
the  smnc  t  remrnnJg       '"''  "="'"''""^  P^-^  '"""^  ^"^  Soing  anS 


40  JOURNAL  OK  THE  CONVEXTIOX. 

16.  On  a  call  of  the  house,  the  doors  shall  not  be  shut  against 
any  member  until  his  name  is  once  called  and  noted  as  an  ab- 
sentee. 

17.  When  any  member  shall  remain  in  his  seat  two  days  after 
leave  of  absence,  such  leave  shall  be  void. 

18.  No  business  shall  be  introduced,  taken  up,  or  considered, 
after  12  o'clock,  until  the  orders  of  the  day  shall  be  disposed  of, 
except  that  an  order  of  the  day  commenced  may  continue  from 
day  to  day  until  finished,  to  the  exclusion  of  other  orders. 

19.  Any  member  (seven  others  concurring)  shall  have  a  riglit 
to  demand  the  ayes  and  noes  upon  any  question,  at  any  time  be- 
fore it  be  put,  and  in  such  case,  the  names  of  the  inombcrs  shall 
be  called  by  the  Secretary  in  alphabetical  order,  and  the  ayes  and 
noes  entered  respectively  on  the  .loiinial;  and  the  quostion  decid- 
ed as  a  majority  of  votes  shall  theroujinn  appear.  Hut  after  the 
ayes  and  noes  are  separately  taken,  and  before  they  are  counted 
and  entered  on  the  .lournal,  the  Secretary  shall  read  over  the 
names  of  those  who  voted  in  tlie  affirmative,  and  of  those  who 
voted  in  the  negative,  in  order  that  any  mistake  in  the  listing  of 
names  and  votes  may  be  corrected. 

20.  The  petitioner  avIio  contests  the  election  of  a  member  re- 
turned to  serve  in  this  Convention,  shall  receive  his  wages  only 
from  the  day  on  which  he  is  declared  duly  elected. 

21.  Select  committees  shall  be  composed  of  not  less  than  five 
nor  more  than  thirteen. 

22.  In  elections,  but  one  vacancy  shall  be  filled  at  a  time,  and 
if,  in  any  election,  no  person  receive  a  majority  of  the  whole 
vote  upon  the  first  ballot,  the  person  having  the  smallest  number 
of  votes  shall  not  be  voted  for  upon  the  next  ballot,  and  so  on 
each  succeeding  ballot,  until  some  person  shall  have  a  majority 
of  the  whole. 

23.  In  all  votes  of  the  house,  except  by  ayes  and  noes,  the 
President  may,  and  at  the  instajice  of  any  member,  shall,  cause 
the  house  to  be  divided  ;  and  if  upon  the  rising  of  the  members 
in  the  allirmative,  a  doubt  still  exists  with  thePresident  or  any 
member,  on  which  side  the  majority  is,  the  members  in  the  af- 
firmative shall  first  be  counted,  and  then  those  in  the  negative, 
either  by  the  President  or  at  his  request,  by  two  members  of  op- 
posite opinions  upon  the  question. 

24.  The  documents  ordered  to  be  printed  by  the  Convention 
shall  be  printed  on  paper  of  the  same  size  of  the  Journals  of  the 
Convention,  and  a  copy  shall  be  bound  with  each  Journal,  to  be 
furnished  to  the  members  at  the  end  of  the  session;  and  it  shall 
be  the  duty  of  the  printer  of  the  house  to  print  one  hundred  addi- 
tional copies  of  each  document  for  the  use  of  the  Commonwealth. 

25.  No  committee  shall  sit  during  the  sessions  of  the  Conven- 
tion without  special  leave. 


JOURNAL  OF  THE  CONVENTION.  41 

26.  If  any  member,  while  speaking,  transgress  the  rules  of 
the  Convention,  the  President  shall,  or  any  member  may,  call  to 
order;  and  the  member  so  called  to  order  shall  immediately  sit 
down,  unless  permitted  to  explain,  and  the  Convention  shall,  if 
appealed  to,  decide  on  the  case,  but  without  debate.  If  there 
be  no  appeal,  the  decision  of  the  Chair  shall  be  submitted  to;  if 
the  decision  be  in  favor  of  the  member,  he  shall  proceed — if 
against  him,  he  shall  not  proceed;  if  any  other  member  object, 
without  leave  of  the  Convention;  and  if  the  case  require  it,  he 
shall  be  liable  to  the  censure  of  the  Convention. 

27.  If  a  member  be  called  to  order  for  words  spoken  in  de- 
bate, the  member  calling  him  to  order,  shall  repeat  the  words 
excepted  to,  and  they  shall  be  taken  down  in  writing  by  the 
secretary;  and  no  member  shall  be  held  to  answer,  or  be  subject 
to  the  censure  of  the  Convention  for  words  spoken  in  debate,  if 
any  other  member  has  spoken,  or  other  business  has  intervened, 
before  exception  to  them  shall  have  been  taken 

28.  While  a  member  is  speaking,  none  shall  entertain  private 
discourse,  or  shall  otherwise  disturb  him,  or  pass  between  him 
and  the  Chair. 

29.  Every  member  shall  remain  uncovered  during  the  ses- 
sions of  the  Convention;  and  no  member  shall  remain  by  the 
secretaiy's  table  while  the  ayes  and  noes  are  calling,  or  while 
the  Convention  is  voting,  or  the  secretary  calling  or  counting 
the  votes,  in  any  election. 

30.  Every  member  who  shall  be  in  the  house  when  a  ques- 
tion is  put  shall  vote,  unless  excused;  and  all  motions  to  ex- 
cuse, in  such  cases,  shall  be  made  before  the  house  divides,  or 
before  the  call  of  the  ayes  and  noes  is  commenced ;  and  any 
member  requesting  to  be  excused  from  voting,  may  make  a 
brief  verbal  statement  of  his  reasons,  and  the  question  shall  then 
be  taken  without  further  debate. 

31.  Every  motion  shall  be  reduced  to  writing,  if  the  Presi- 
dent or  any  member  desire  it. 

32.  When  a  question  is  under  debate,  no  motion  shall  be  re- 
ceived but  to  adjourn,  for  the  previous  question,  to  lie  on  the 
table,  to  postpone  indefinitely,  to  adjourn  the  question  to  a  dif- 
ferent day,  to  commit,  or  amend;  which  several  motions  shall 
have  precedence  in  the  order  in  which  they  are  arranged. 

33.  Upon  a  call  for  the  previous  question,  no  member  shall 
speak  more  than  teii  minutes.  Unless  such  call  be  seconded  by 
twenty  members,  indicated  by  rising,  the  President  shall  put  no 
question;  but  if  so  sustained,  a  question  shall  be  immediately 
put  by  the  Chair  to  this  effect,  ''  shall  the  main  question  be  now 
put?"  If  on  this  question  a  majority  of  the  House  vote  in  the 
affirmative,  the  Chair  shall  thereupon  put  the  pending  question, 
and  all  incidental  questions  of  order  arising  after  a  motion  is 

6 


42  JOURKAL    OF   THE    COITV^ENIION. 

made  for  the  previous  question,  and  pending  the  motion,  shall 
be  decided,  whether  on  appeal  or  otherwise,  witliout  debate. 

34.  Any  member  may  call  for  the  division  of  a  question,  and 
it  shall  he,  thereupon,  divided,  if  it  comprehend  propositions  in 
substance  so  distinct  that  one  being  taken  away,  a  substantive 
proposition  shall  remain  for  the  decision  of  the  house — but  a 
motion  to  strike  ont  being  lost,  shall  not  preclude  a  motion  to 
strike  out  and  insert. 

35.  When  the  Convention  is  abont  to  rise,  every  member 
shall  keep  his  seat  until  the  President  shall  have  announced  the 
adjournment. 

Mr.  Speed  submitted  the  following  resolution  which,  on  mo- 
tion of  Mr.  Woods,  was  indefinitely  postponed: 

Resolved,  That  a  committee  of  five  be  appointed  wilh  instructions  to  ascertain 
if  some  anaiiKemciit  can  be  made  will\  tlie  House  of  Dclci^ales  by  which  they 
may  so  adjust  llieir  sessions  as  tiial  their  hall  can  be  appropriated, diirinp  a  portion 
of  each  day,  for  the  use  of  the  Convention;  or  failing  to  make  such  arrangement, 
that  said  committee  be  instructed  to  provide  some  other  place  for  the  session  of 
this  body. 

Mr.  Conrad,  of  Frederick,  submitted  the  following  resolution 
which  was  unanimously  adopted: 

Resoh'ed,  Tliat  a  committee  to  consist  of  twenty-one  dcletjates,  selected  from 
the  different  sections  of  the  State,  to  be  termed  "  The  Committee  on  Federal  Re- 
lations," be  appointed  by  the  President;  to  said  committee  all  resolutions  touch- 
ing Federal  Relations  which  may  be  offered  in  Convention,  shall  be  referred; 
and  it  shall  be  their  duty  from  time  to  time,  to  report  upon  the  same  to  the  Con- 
vention for  its  action. 

Mr.  Gray  submitted  the  following  resolution,  which  wa.s 
unanimously  adopted: 

Hesoh'td,  That  the  thanks  of  this  body  be  tendered  to  \Vm.  F.  Gordon,  Esq., 
Clirk  of  the  House  of  Delegates,  for  the  handsome  manner  in  wiiich  he  has  dis- 
charged the  duties  of  temporary  Secretary  of  the  Virginia  Convention. 

Mr.  WiLSox  submitted  the  following  resolution,  which  being 
objected  to,  was  laid  over  under  the  rule: 

Resolved,  That  the  Virginia  Commissioners  to  the  Peace  Conference  now  in 
session  in  the  city  of  Washington  be  respectfully  requested  to  report  to  this  body 
at  their  earliest  convenience,  whether  in  their  opinionj  any  result  acceptable  to 
Virginia,  may  be  exjiected  from  the  deliberations  of  their  body. 

On  motion  of  Mr.  Johnson,  the  Convention  proceeded  to  the 
election  of  Printer.  Mr.  Johnson  nominated  Wyatt  M.  El- 
liott, of  the  City  of  Richmond. 

No  other  nomination  being  made,  the  vote  was  taken,  and  Mr. 
•c-rrnTT  was  unanimously  elected. 


JOURNAL    OF   THE   CONVENTIOX.  4$ 

Mr.  Hatmond  submitted  the  following  resolution: 

Resolved  That  the  Printer  to  this  Convontion  receive  the  same  pay  for  his  ser 
Vices,  as  the  Printer  to  the  House  of  Delegates,  for  similar  work 

Mr  Morris  submitted  the  following  resolution,  which  on  mo- 
tion of  Mr.  Hall,  of  Wetzel,  was  laid  upon  the  table: 

/?m/rerf,  That  a  committee  of  five  members  be  appointed  by  the  President  to 
a.certam  and  report  speedily  if  this  Hall  cannot  be  so  arranged  as  better  to  ac- 
commodate the  members  of  this  House.  ^ 

The  President  announced  that  he  had  appointed  the  foUow- 
nig  Pages  for  this  Convention: 

VVilMam  H.  Tallinan,  Edward  Gay,  August  Rosen,  Arthur 
t  legen. 

The  Presidext  presented  the  following  communication  from 
the  President  of  the  Young  Men's  Christian  Association,  of  the 
City  of  Richmond: 

Richmond,  February  13,  18G1. 
Hon.  John  Janney,  Pres't  Va.  Convention: 

/>ar  S,r,-Thc  Richmond  Young  Men's  Christian  Association  have  assiirned 
me  the  agreeable  duly  of  myiling  ihe  members  of  your  honorable  bodvto^-isit 
their  Library  and  Heading  Rooms,  in  Goddin's  Hal),  at  such  times  dur^nir  viur 
present  session,  as  may  be  consistent  with  yt.ur  convenience.  ^  ^ 

I  am  very  respectfully  your  obedient  servant, 

J.  B.  WATKINS,  Pres't  Y.  M.  C.  .3. 

Mr  Kent  presented  the  petition  of  Mr.  B.  D.  Line,  contest- 
ing the  election  of  Mr.  John  D.  Sii.arp,  the  Delegate  returned 
hoin  the  County  of  Lee,  which  was  referred  to  the  Committee 
on  Jiilectioiis. 

On  motion  of  Mr.  Montague,  the  Convention  adjourned. 


Saturday,  February  16^  1861, 
The  Convention  assembled  at  12  o'clock. 
PrayeT  by  the  Rev.  Mr.  Duncan  of  the  Methodist  Church 
1  he  President  announced  the  following  Committee  on  Fe- 
deral Relations: 

Messrs.  Conrad  of  Frederick,  Wise,  Scott  of  Fauquier,  Pres- 
ton   Harv.e,  MacJ-arland    McComas,  Montague,  Price,  Southall, 
Willey,  Bruce    Boyd,  Barbour  of  Culpeper,    Williams,  Rives 
Moore,  Blow,  Johnston  of  Lee  and  Scott,  Baldwin,  .Tackson. 

J  he  President  announced  the  following  Committee  of  Elec- 
tions: 

Messrs  Haymond,  Goggin,  Brown,  Chambliss,  Caperton, 
Ambler,  Gray,  Hunton,  Campbell,  Tredway,  Hall  of  Lancas- 
ter and  Northumberland. 


44  JOURNAL    OF   THE   CONVENTION. 

On  motion  of  Mr.  Dorman^  the   following  resolution    was 
adopted: 

Resolved,  That  the  election  returns  transmitted  to  the  President  of  the  Con- 
vention, be  referred  to  the  Committee  on  Elections,  with  instructions  to  report 
the  result  of  the  vote  cast  upon  the  question  of  referring  the  action  of  this  Con- 
vention to  the  people. 

On  motion  of  Mr.  Sutherlin,  the  following  resolution  was 

adopted: 

Resolved,  That  editors  of  the  newspapers  published  in  tiiis  State,  and  reporters 
for  the  same,  be  admitted  to  seats  in  the  Convention,  under  the  direction  of  ths 
President. 

On  motion  of  Mr.  Turner,  of  Jackson  and  Roane,  the  follow- 
ing resolution  was  adopted: 

Resolved,  That  this  Convention  tender's  to  the  Young  Men's  Christian  Associa- 
tion of  Riclimond,  its  grateful  aciinowledgments,  for  the  kind  offer  to  the  niem- 
beis  of  this  body  of  the  free  use  of  the  Reading  Room  and  Library  of  the  Asso- 
ciation. 

The  President  laid  before  the  Convention  the  following 
communications: 

To  the  President  of  the  Virginia  Convention: 

The  accompanying  portrait  of  James  Monroe  was  taken  frtmi  life,  and  is 
thought  to  be  an  excellent  likeness  of  that  eminent  statesman.  Tliinking  that  it 
may  be  an  appropriate  ornament  for  the  Hall  of  the  Convention,  (during  the  ses- 
sion of  that  body,)  1  offer  it  to  you  to  be  hung  up  there. 

With  great  respect,  &.c.,  &c., 

MARTHA  STANARD. 
Richmond,  February,  14,  186L 

Richmond,  February  1j,  ISGl. 
To  the  President  cf  the  Virginia  Stale  Convention: 

Respected  Sir: — I  have  caused  to  be  placed  in  the  Hall  of  the  Convention — 
a  picture  of  Washington  crossing  the  Delaware — a  portrait  of  Chief  Justice 
Marshall,  and  two  ftlarble  Busts  of  Henry  Clay  and  John  C.  Calhoun,  all  of 
which,  I  trust,  are  appropriate  for  the  occasion,  and  I  hope  will  meet  the  appro- 
bation of  the  august  body  now  sitting  in  Convention. 

Very  respectfully, 

JOHN  W.  DAVIES. 

On  motion  of  Mr,  Macfarland,  the  following  resolution  was 
adopted: 

Resolved,  That  this  Convention  accept  with  pleasure,  and  gratefully  acknowl- 
edge, the  very  handsome  and  appropriate  presents  which  now  adorn  the  hall  of 
the  Convention. 

Mr.  Early  submitted  the  following  resolution: 

Resolved,  That  the  Sergeant-at-Arms  of  this  ConventioD  do  ascertain  the  num- 
ber of  persons  that  can  be  accommodated  in  the  gallery,  and  space  set  apart  for 
gentlemen  as  spectators,  and  that  the  Secretary  issue  tickets  of  admission  equal 
to  the  number  that  can  be  so  accommodated,  and  distribute  them  equally  among 


JOURNAL   OF   THE    CONVENTION.  45 

the  members  of  the  Convention,  and  that  no  person   be  admitted  into  the  said 
gallery  or  space  on  Monday  next,  without  a  ticket  of  admission. 

Mr.  Fisher  moved  to  amend  the  resolution  by  substituting 
the  following: 

Resolved,  That  when  tlie  Convention  adjourns  to-day,  it  adjourn  to  meet  in  the 
African  church, on  Monday  next,  at  12 o'clock  M. 

The  qiiestion  being  upon  the  adoption  of  the  amendment, 
was  put  and  decided  in  the  negative. 

Mr.  Hall,  of  Marion,  moved  that  the  resolution  be  laid  upon 
the  table. 

The  question  being  put  was  decided  in  the  negative. 

The  resolution  offered  by  Mr.  Early  was  then  adopted. 

Mr.  Marr,  submitted  the  following  resolution,  which  was 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations. 

Resolved,  That  Virginia  cherishes  a  devoted  attachment  to  the  union  of  these 
States  under  the  Constitution  framed  by  the  wise  and  patriotic  men  of  the  past; 
that  she  will  use  every  iionorabie  effort  and  make  any  sacrifice  consistent  with 
her  honor  and  interest  to  restore  and  nfftintain  it ;  but  that  it  is  proper  to  declare, 
through  ti)e  Convention  now  assembled,  her  opposition  to  the  coercion,  under 
existing  circumstances,  of  any  slave  State,  and  an  unalterable  determination  not 
to  submil  to  any  administration  of  the  government  in  which  her  rights  are  as- 
sailed or  not  fully  protected,  and  that  if  the  Union  cannot  be  restored  and  pre- 
served upon  terms  honorable  to  its  component  parts,  it  should  be  divided. 

Mr.  Morton  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations. 

Resolved,  That  the  people  of  Virginia,  in  Convention  assembled,  do  solemni}' 
declare,  that  she  will  not  submit  to  the  coercion  of  the  seceded  States,  upon  the 
pretext  of  the  enforcement  of  the  laws  of  the  United  States,  or  upon  any  pre- 
text whatever. 

2.  That  she  solemnly  protests  against  the  use  of  the  standing  army  and  navy 
of  the  United  States,  by  the  General  Government,  and  the  concentration  of 
troops  at  the  Federal  Metropolis,  and  at  various  forts,  arsenals,  &c.,  to  coerce 
any  State  or  States  now  in  or  out  of  the  Union. 

3.  That  this  Commonwealth  ardently  desires  to  restore  the  fedei-al  Union,  and 
to  preserve  it  upon  terms  of  safety  and  honor  to  all  its  members  ;  but  if  the  ef- 
forts now  being  made  for  that  purpose  prove  unavailing,  she  will  not  hesitate  to 
unite  herself  with  her  sister  States  of  the  South. 

Mr.  Carlile  submitted  the  following  resolution  which  was 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations. 

Resolved,  That  since  the  decision  of  the  Supreme  Court  of  the  United  States 
in  the  case  of  Chisholm  vs.  the  State  of  Georgia,  and  the  adoption  of  the  elev- 
enth amendment  to  the  Constitution,  we  are  at  a  loss  to  understand  how  the  im- 
pression that  tiie  Federal  Government  possessed  the  power  to  coerce  a  State 
could  have  obtained  credence. 

Mr.  Leake  submitted  the  following  resolution,  which  was  or- 
dered to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved,  as  the  opinion  of  this  Convention  of  the  people  of  Vii-ginia,  That  if  the 
Federal  Government  at  Washington  should  undertake  forcibly  to  retake  the  forts 


46  JOURNAL    OF   THE   CONVENTION. 

within  any  of  the  States  that  have  dissolved  their  connexion  with  the  Federal 
Union,  Virginia  will  regard  such  acts  as  an  invasion  of  the  rights  of  sovereign 
States,  and  should  said  authorities  undertake  to  collect  the  duties  on  foreign  im- 
portations introduced,  or  about  to  be  introduced  into  any  such  States,  Virginia 
will  regard  any  such  acts  as  coercion,  and  that  her  faith  has  been  pledged,  and 
is  hereby  again  pledged,  as  far  as  it  can  be,  to  resist  with  all  the  means  in  her 
power,  all  such  acts  of  invasion  and  coercion. 

Mr.  Richardson  submitted  the  following  resolutions,  which 
were  ordered  to  be  referred  to  the  Committee  on  Federal  Rela- 
tions: 

The  people  of  the  sovereign  State  of  Virginia,  in  General  Convention  assem- 
bled, do  declare  and  publish  the  following  resolutions: 

1.  That  the  compact  by  which  the  several  sovereignties  composing  the  United 
States  of  North  America  were  united  in  a  confederacy,  has  been  repeatedly  violat- 
ed by  individuals  and  States  composing  the  Northern  part  of  the  same. 

2.  That  the  said  compact  having  been  thus  repudiated  by  parties  to  the  same, 
to  the  injury  and  oppression  of  other  parties  thereto,  is  not  binding  upon  the  lat- 
ter, and  exists  not  of  right  but  by  sufferance. 

3.  That  not  only  are  the  sovereign  States  of  this  Union  the  rightful  judges  of 
the  circumstances  under  which  their  honor  and  safety  require  their  withdrawal 
therefrom,  but  those  who  have  peaceably  so  withdrawn,  were  justified  in  so  doing, 
by  invasions  of  their  just  rights.  . 

4.  That  we  will  resist  the  coercion  of  the  States  which  have  so  withdrawn,  be- 
cause there  is  no  rightful  power  to  use  force  against  them  under  present  circum- 
stances, because  their  interest  is  common  with  ours,  and  because  an  impairment 
of  their  safety  is  dangerous  to  our  own. 

5.  That  in  view  of  the  grievances  which  the  South  has  sustained  at  the  hands 
of  the  North,  and  of  the  election  of  a  chief  magistrate,  avowedly  hostile  to  the 
institutions  of  the  former,  it  is  the  duty  of  the  latter  at  once  to  concede  such  con- 
stitutional guarantees  to  the  South,  as  will  prevent  the  recurrence  of  the  wrongs 
already  inflicted  on  us,  and  secure  our  full  and  equal  rights  in  the  Confederacy. 

6.  That  the  failure  to  provide  against  these  wrongs  and  to  secure  these  rights 
is  an  evidence  of  cither  indifference  or  hostility  towards  us,  which  are  alike  fatal 
to  our  peace  and  safety., 

7.  That  in  view  of  these  plain  truths,  we  demand  that  security  for  our  rights 
and  honor  be  accorded  to  u?  in  the  Confederacy  as  speedily  as  the  necessary  con- 
stitutional proceedings  can  be  carried  out,  and  in  default  thereof,  will  dissolve 
our  connection  with  those  who  first  wantonly  wrong  us,  and  then  obstinately 
persevere  in  the  injury. 

8.  That  arguing  from  the  persistent  denial  of  our  just  demands  the  danger  of 
a  conflict  of  arms,  we  decree  that  the  State  be  forthwith  put  in  such  a  condition 
of  defence  as  will  ii;sure  her  safely,  dignity  and  honor. 

On  motion  of  Mr.  Johxsox,  the  following  resolution  was 
adopted: 

Resolved,  That  the  President  of  the  Convention  be  authorized  to  employ  an 
Assistant  Door  Keeper. 

Mr.  Flournoy  submitted  the  following  resolutions,  which 
were  ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved  by  this  Convention,  That  whilst  Virginia  has  a  high  appreciation  of  the 
blessings  intended  to  be  secured  by  the  Constitution  of  the  Union,  and  would  do 
much  and  forbear  much  to  perpetuate  them,  yet  it  feels  itself  bound  to  declare 
that  an  identity  of  interests  and  of  wrongs  with  the  seceded  States  of  the  South, 
would,  in  case  of  an  attempted  coercion  by  tiie  Federal  Government,  demand 
and  receive  the  interposition  of  all  her  military  strength  in  resisting  such  aggres- 
sion. 


JOURIs^AL    OF   THE    COJfVEXl'ION.  47 

Resolved,  That  Virginia  hopes  and  believes  that  by  prudent  measures  of  con- 
chat.on  on  the  part  of  the  Lnited  States  Government  in  its  intercourse  wihfhe 
seceded  States,  and  by  a  just  appreciation  of  the  magnitude  of  ourTre'entperHs 
that  some  measures    of  compromise    between  the    North  and    the  S'uU?  may  be 

Mr.   MoRTox   submitted   the   following  resolution,  and   the 
question  being  put,  was  decided  in  the  negative: 

hpS"on^'^'  '^^■^J-  ^^^  Sergeant-at-Arms  be  directed  to  cushion  the  seats  of  mem- 
bers, and  provide  each  member  with  a  desk,  or  table  with  a  lock  and  key. 

On  motion  of  Mr.  Forbes  the  Convention  adjourned. 


Monday,  February  18th,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 
Prayer  by  Rev.  Dr.  Reid,  of  the  Presbyterian  Church 
On  motion  of  Mr.  Conrad,  of  Frederick,  the  following  reso- 
lution  was  adopted:  ® 

^R^^ohed,  That  the  Committee  on  Federal  Relations  be  authorized  to  appoint  a 

On  motion  of  Mr.  Preston,  the  Convention  proceeded  with 
the  order  of  the  day,  having  for  its  object  the  reception  of  oral 
communications  from  the  Commissioners  from  the  States  of 
South  Carolina,  Georgia,  and  Mississippi. 

The  Prksident  then  introduced  Hon.  Fulton  Anderson 
Commissioner  from  the  State  of  Mississippi,  who  addressed  the 
Convention. 

On  the  conclusion  of  his  address,  the  President  introduced 
Hon.  H  L.  Kenning,  Commissioner  from  the  State  of  Georgia, 
who  addressed  the  Convention,  and  concluded  by  tendering  a 
copy  of  '^an  Ordinance  to  dissolve  the  Union  between  the  State 
ot  Georgia,  and  other  States  united  with  her,  etc.,"  which  being 
presentHd  to  the  Convention  by  the  President,  was,  on  motion 
ot  Mr.  1  RESTON,  laid  upon  the  table,  and  ordered  to  be  printed. 
[Doc.  No.  III.]  ^ 

On  motion  of  Mr.  Preston,  the  further  execution  of  the  or- 
der of  the  day  was  postponed  until  to-morrow  at  12  o'clock,  M. 


48  JOURKAL    OF   THE   COKVEiCTlOK. 

On  motion  of  Mr.  Early,  the  following  resolution  Was 
adopted ; 

Resolved,  That  the  resolution  adopted  on  Saturday  in  regard  to  tickets  of  ad- 
mission for  this  day,  be  renewed  for  to-morrow. 

On  motion  of  Mr.  Staples,  the  Convention  adjourned. 

Ip 

Tuesday,  Feb.  19th,  1861. 

The  Convention  assembled  at  12  o'clock,  ^I. 

Mr.  B.  W.  Byrne,  the  delegate  from  the  Counties  of  Brax- 
ton, Nicholas  and  Clay,  appeared  and  took  his  seat. 

Prayer  by  the  Rev.  Mr.  Peterkin,  of  the  Episcopal  Church. 

On  motion  of  Mr.  Preston  the  Convention  proceeded  with 
the  unfinislied  order  of  the  day. 

The  President  then  introduced  fhc  Hon.  Jcuin  S.  Preston, 
the  Conmiissioner  from  South  Carolina,  who  addressed  the  Con- 
vention. 

On  the  conclusion  of  his  address,  Mr.  Goode  submitted  the 
following  resolution,  which  was  adopted. 

Resolved,  That  the  Hon.  Fulton  Anderson,  the  Hon.  Henry  L.  Benning,  and 
the  Hon.  John  S  Preston  be  respectfully  requested  to  furnish  copies  of  their  ad- 
dresses to  this  Convention  for  publication. 

Mr.  Hall,  of  Wetzel,  submitted  the  following  resolutions, 
which  were  ordered  to  be  referred  to  the  Committee  on  Federal 
Relations. 

Resolved,  That,  in  the  opinion  of  this  Convention,  Virginia  has  a  Ieg:al  right,  at 
any  time,  to  resume  to  herself  the  powers  that  she  heretofore  granted  to  the  Fe- 
deral Government,  but  she  siiould  never  exercise  that  right  when  the  interest  of 
others  are  involved  only  for  good  cause;  and  that  the  mere  election  of  Abraham 
Lincoln  to  the  presidency  of  the  United  States,  under  the  forms  of  the  Constitution, 
affords  no  just  ground  for  Virginia  to  resume  to  4ierself  the  powers  granted  to 
the  General  Government;  but,  in  view  of  the  fact  that  a  portion  of  our  sisters 
of  the  South,  composing  this  Confederacy,  have  seen  proper  to  break  up  their 
connection  with  this  Government,  and  have  formed  a  new  Confederacy — thereby 
leaving  the  Stale  of  Virginia — in  connection  with  the  balance  of  the  border 
slave  States — greatly  in  the  minority  in  both  Houses  of  Congress,  therefore,  in 
the  opinion  of  this  Convention,  Virginia  should  demand  (as  a  matter  of  self-pro- 
tection,) additional  guarantees  and  proper  amendments  to  the  Federal  Constitu- 
tion, so  as  to  preserve  a  just  and  proper  equilibrium  between  the  sections. 

Resolced,  That  Virginia  should  unite  in  presenting  an  ultimatum  to  the  North- 
ern States,  which  ultimatum  should  be  just  and  fair  to  all  sections  of  our  com- 
mon country,  and  give  the  States  a  fair  opportunity  to  take  action  on  the  same. 

Resolved,  That,  in  the  opinion  of  this  Convention,  Virginia  should  fix  a  time, 
beyond  which  she  will  not  wait,  and  if  the  Northern  States  fail  to  ratify  the  ac- 
tion of  Virginia,  or  fail  to  meet  her  in  a  spirit  of  harmony  and  conciliation  within 
the  time  that  may  be  prescribed  by  this  Convention,  Virginia  should  at  once  take 
such  steps  as  will  effectively  secure  her  just  rights  out  of  the  Union  with  the 
Korthern  Confederacy. 

On  motion  of  Mr.  Clemens  the  Convention  adjourned. 


JOURNAL  OF  THE  COX^^EXTIOX. 


49 


7 

Wednesday,  February  20,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Peterkix,  of  the  Episcopal  Church. 

Mr.  Clemens  submitted  the  following  resolution: 

Resolved,  That  the  President  of  this  Convention  have  authority  to  employ,  at  a 
fixed  rate  of  compensation,  a  sufficient  number  of  reporters  to  talce  down  as  they 
occur  the  debates  of  this  body,  with  a  view  to  the  publication  of  the  same  here- 
after, in  a  portable  form,  if  it  shall  be  deemed,  by  this  body,  expedient  or 
necessary. 

Mr.  Fisher  moved  to  amend  the  resolution,  and  the  amend- 
ment being  accepted  by  Mr.  Clemens,  the  resolution  was  adopted 
as  follows: 

Resolved,  That  the  President  of  this  Convention  be  authorized  to  contract  with 
the  proprietors  of  the  Richmond  Enquirer  for  continuing  the  reporting  and  pub- 
lishing the  proceedings  of  this  Convention. 

Subsequently,  Mr.  Price  moved  a  reconsideration  of  the  vote 
by  which  the  resolution  was  adopted,  and  the  question  being 
put  was  decided  in  the  negative — yeas  46,  nays  82. 

On  motion  of  Mr.  Clemens,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
William  B.  Aston, 
.Tohii  B.  Baldwin, 
William  W.  Boyd, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benj.  W".  Byrne, 
John  A.  Campbell, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
Jubal  A.  Early, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
F.  L.  Hale, 
J.  G.  Holladay, 
George  W.  Hull, 
John  J.  Jackson, 


John  R.  Kilby, 
John  F.  Lewis, 
James  C.  McGrew, 
Wm.  H.  Macfarland, 
Thomas  Maslin, 
Henry  H.  Masters, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
Peter  Saunders,  Sr. 
V.  W.  Southall, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  P.  Tayloe, 
William  M.  Tredway, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Benj.  F.  Wysor— 46. 


JOURNAL  OF  THE  COXVENTIOX. 


The  names  of  those  Avho  voted  in  the  negative  arc — 


Messrs.  Wm.  M.  Ambler,  Messrs. 

Edward  M.  Armstrong, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Caleb  Boggess, 
James  Boisseau, 
Peter  B.  Borst, 
Thomas  Branch, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Sherrard  Clemens, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
James  H.  Couch, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dormau, 
William  H.  FJulany, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forhes, 
Napoleon  B.  French, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
Thomas  F.  Goode, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
James  P.  Holcombe, 
Chester  D.  Hubbard, 


Eppa  Hunton, 
Lewis  U.  Isbcll, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  J.  Kindred, 
AValtcr  I).  Leake, 
"William  McComas, 
Paul  McNeil, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  i^.  Marr, 
John  L.  Marye,  Sr. 
H<  (ratio  H.  Moflett, 
Robert  L.  Montague, 
Ednuiud  T.  Morris, 
Jeremiaii  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
Logan  Osburn, 
George  x\lc(J.  Porter, 
David  Pugh, 
George  W.  Randolph, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
John  T.  Seawell, 
James  W.  Sheffey, 
Thomas  Sitlington, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
Waitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods— 82. 


Mr.  Brent  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved  by  the  people  of  Virginia  in  Convention  assembled.  That  we  are  warmly 
attached  to  the  Union  of  these  States — that  we  do  not  recognize  in  the  diversity 


JOURNAL  OF  THE  CONVENTION.  51 

of  our  institutions  any  cause  of  conflict  between  the  ditferent  States;  but,  on  the 
contrary,  we  believe  the  great  varieties  of  soil,  of  production  and  of  interests,  in  a 
Republic  liiie  this,  grounds  for  a  more  lusting  and  perfect  Union. 

Resolved,  That  in  times  like  these  it  becomes  the  duly  of  every  patriot  to  rise 
above  party  or  sectional  considerations,  to  make  an  earnest  ell'ort  to  save  the 
Union,  in  that  spirit  of  generous  compromise  in  wliich  tlie  Constitution  was 
framed,  and,  therefore,  in  the  spirit  of  compromise,  we  are  willing  to  adopt  the 
amendments  to  the  Constitution  proposed  by  Senator  Crittenden,  or  any  other 
plan  of  conciliation  equivalent  thereto,  which  has  been  or  may  be  hereafter 
offered,  by  which  harmony  may  be  restored  betv\-een  the  people  of  the  different 
States,  and  the  Union  perpetuated. 

Resolved,  That  in  the  opinion  of  this  Convention  the  employment  of  the  army 
and  navy  of  the  United  States  to  coerce  submission  of  the  seccdiiig  States  will 
inevitably  plunge  the  country  into  civil  war,  and  entirely  extinguish  all  hope  of 
a  settlement  of  the  issues  now  pending.  We,  therefore,  invoke  the  Federal  Go- 
vernment, as  well  as  the  seceding  States,  to  withhold  and  stay  the  arm  of  military 
power,  and  on  no  pretext  whatever  to  bring  on  the  country  the  horrors  of  civil 
war  until  the  people  themselves  can  take  such  action  as  our  troubles  demand. 

Mr.  TuRNEij,  of  Jackson,  submitted  the  following  resolutions, 
which  were  ordered  to  be  referred  to  the  Committee  on  Federal 
Relations: 

Resolrcd  bij  the  people  of  Virginia  in  Convention  assembled,  That  if  all  eflorts  to 
reconcile  the  unhapjjy  dili'erences  existing  between  the  two  sections  of  the  coun- 
Iryshall  prove  to  be  abortive,  then,  in  the  opinion  of  this  Convention,  every 
consideration  of  honor  and  interest  demands  that  V'irginia  shall  unite  her  destiny 
with  the  slaveholding  States  of  the  South. 

Resolved,  That  when  any  one  or  more  of  the  States  has  determined,  or  shall 
hereafter  determine,  under  existing  circumstances,  to  withdraw  from  the  Union, 
we  are  unalterably  opposed  to  any  attempt  on  the  part  of  the  Federal  Govern- 
ment to  coerce  the  same  into  reunion  or  submission,  and  that  we  will  resist  the 
same  by  all  the  means  in  our  power. 

Mr.  Morris  submitted  the  following  resolutions,  which  were 
Ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved,  That  the  union  of  the  South  is  the  safety  of  the  South. 

Resolved,  That,  in  our  opinion,  each  of  the  remaining  slaveholding  States  of 
this  Union  should  speedily  resume  the  powers  delegated  by  them  to  the  Federal 
Government,  and  cooperate  afterwards. 

Mr.  Tredway  submitted  the  following  resolution: 

Resolved,  That  a  Select  Committee  of  five  be  appointed  with  instructions  to  in- 
quire and  report  as  speedily  as  practicable,  whether  any  movements  of  arms  or  men, 
has  been  made  by  the  General  Government,  to  any  fort  or  arsenal  in,  or  bor- 
dering upon  Virginia,  indicating  a  preparation  i'oy  attack  or  coercion. 

Mr.  DoRiMAN  moved  to  lay  the  resolution  on  the  table,  and  the 
question  being  put,  was  decided  in  the  allirmative — yeas  78, 
nays  61. 

On  motion  of  Mr.  Fisher,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are: 

Messrs.  William  B.  Aston,  Messrs.  James  W.  Hoge, 
John  B.  Baldwin,  J.  G.  HoUaday, 

George  Baylor,  Chester  D.  Hubbard, 

George  W.  Berlin,  John  N.  Hughes, 

George  Blow,  Jr.  George  W.  Hull, 


52 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  Caleb  Boggess, 

William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlilc, 
John  A.  Carter, 
Sherrard  Clemens, 
Samuel  A.  Colfman, 
C.  B.  Conrad, 
Kobert  Y.  Conrad, 
James  H.  Couch, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jubal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hal), 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 


Messrs.  John  J.  Jackson, 

Peter  C.  Johnston, 
John  F.  Lewis, 
Wilham  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Molfett, 
Samuel  Mel).  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
liOgan  Osburn, 
Spiccr  l?atrick, 
Ednnind  Pendleton, 
George  McC.  Porter, 
David  Pugh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
John  1).  Sharp, 
Thomas  Sitlington, 
Burwcll  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C'.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Sanmel  Woods — 77. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PresU) 
William  M.  Ambler, 
Ed.  M.  Armstrong, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
James  C.  Bruce, 
Wilham  P.  Cecil, 
John  R.  Chambliss, 


Messrs.  John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  iNIallory, 
James  Marshall, 
John  Q,.  Marr, 
Robert  L.  ]Montague, 
Edmund  T.  Morris, 


JOURNAL  OF  THE  COXVEXTIOX. 


53 


Messrs.  Manilius  Chapman, 
Raphael  M.  Conn, 
Ricliard  H.  Cox, 
Miers  W.  Fisher, 
Thomas  S.  Floiirnoy. 
VViUiam  W.  Forhes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fondall  Gregory,  Jr. 
William  L.  Goggin, 
JohnGoode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  1).  Isbell, 
Marmadukc  Johnson, 
Robert  C.  Kent, 


Messrs.  Jeremiah  Morton, 
William  J.  Neblett, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
John  T.  SeaAvell, 
James  W.  Sheffey, 
Valentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Samuel  C.  W'illiams, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 62. 


Mr.  Nelson  submitted  the  following  resolutions,  which  were 
ordered  to  l)e  referred  to  the  Committee  on  Federal  Relations: 

1.  Rc!:olvcd,  by  the  Convention  of  Virginia,  That  the  differences  between  the 
slaveholdinp;  and  non-slavcholding  States,  can  only  be  settled  by  the  adoption  of 
amendments  to  the  Constitution,  and  that  the  interests  of  both  sections  of  the 
country  imperiously  demand  that  the  slavery  agitation  should  be  removed  now 
and  forever  from  the  halls  of  Congress.  , 

2.  Resolved,  That  whilst  we  hold  that  the  Constitution  of  the  United  States 
makes  all  the  States  equal  and  gives  them  all  equal  rights  in  the  common  terri- 
tory; yet,  in  view  of  the  fact,  that  ours  is  a  Government  founded  upon  compro- 
mise, we  are  willing  to  divide  said  territory  by  a  line  on  the  parallel  of  36  deg. 
30  min.,  and  that  we  will  insist  that  in  all  the  territory  South  of  said  line  of  lati- 
tude, slavery  of  the  African  race  shall  be  recognized  as  property,  during  the 
coutinuauce  of  the  Territorial  Government — by  a  Constitutional  provision  irrc- 
pealable — except  by  the  consent  of  all  the  slaveholding  States. 

3.  -Resolved,  That  a  like  provision  should  be  made  to  prohibit  Congress  from 
interfering  with  the  subject  of  slavery  in  any  of  the  States,  without  the  consent 
of  every  Slate;  and  also  to  make  it  the  interest  of  the  people  of  the  States,  to 
which  fugitive  slaves  escape,  to  have  them  delivered  to  their  owners. 

4.  Resolved,  That  if  no  adjustment  of  the  diifercnces  between  the  States  can 
be  effected,  it  is  the  duty  of  the  American  people  to  provide  the  way  for  a  dig- 
nified, peaceful,  and  fair  separation,  upon  equitable  terms  and  conditions — and 
for  a  proper  division  of  the  common  property. 

Mr.  Holcombe  submitted  the  following  resolution,  which  Avas 
ordered  to  be  referred  to  th6  Committee  on  Federal  Relations: 

Resolved,  That  in  the  opinion  of  this  Convention,  no  adjustment  of  the  un- 
happy sectional  controversy  which  now  divides  the  countrj"  will  give  lasting 
peace  or  permanent  security  to  the  slaveholding  States,  unless  it  embraces  an 
amendment  of  the  Constitution,  which  will  place  in  their  hands  such  measure  of 


54  JOURNAL  OF  THE  COFV^ENTION. 

political  power,  as  will  enable  them  to  prevent  any  departtpent  of  the  Federal 
Government  from  using  its  authority,  in  any  form,  to  the  prejudice  of  their  in- 
stitutions. 

On  motion  of  Mr.  Turner,  of  Jackson,  the  resolution  sub- 
mitted by  Mr.  Wilson  on  the  third  day  of  the  session,  was  taken 
up,  and  leave  being  granted  by  the  Convention,  the  resohition 
was  withdrawn  by  Mr.  Wilson. 

On  motion  of  Mr.  Johnson,  of  Richmond  city,  the  following 
resolution  was  adopted: 

Resolved,  That  a  committee  of  five  be  appointed  to  inquire  what  compensation 
the  officers  of  this  Convention  shall  receive  and  to  report  the  same  to  this  Con- 
vention. 

Mr.  GoouE,  of  Mecklenburg,  submitted  the  following  resolu- 
tion, which  was  ordered  to  be  referred  to  the  Committee  on 
Federal  Relations: 

Resnlved,  That  in  view  of  the  probable  immediate  passage  by  Congress,  of  a 
force  bill,  we  feel  called  upon  to  declare  promptly  and  emphatically,  that  \'ir- 
ginia  will  regard  an  attempt  to  coerce  any  seceding  State,  under  ^vhatcver  pre- 
text made,  as  in  conflict  with  the  fundamental  principles  of,  and  destructive  to 
our  republican  institutions,  and  that  a  due  regard  for  our  rights,  and  those  of  licr 
sister  States,  (for  she  will  claim  them  as  her  sisters,)  would  impel  her  to  resist 
such  attempt  by  ail  the  means  in  her  power. 

On  motion  of  Mr.  Fisher  the  following  resolution  was 
adopted: 

Resolved,  That  the  Governor  of  this  Commonwealth  be  requested  to  inform  the 
Convention  of  the  number  of  enrolled  Militia  and  of  the  Volunteers  of  the  State, 
the  number  of  companies  that  have  been  supplied  with  arms,  their  kind  and 
description,  as  soon  as  he  couvpniently  may.   . 

Mr.  MoNTACxUE  submitted  the  following  resolution: 

Resolved,  That  the  Virginia  Commissioners  to  the  Peace  Conference  now  in 
session  in  the  City  of  Washington,  be  respectfully  requested  to  report  to  this 
body  at  their  earliest  convenience,  whether,  in  their  opinion,  any  result  acceptable 
to  Virginia  may  be  expected  from  the  deliberations  of  thc;r  body. 

Mr.  Patrick  moved .  to  lay  the  resolution  on  the  table,  and 
the  question  being  put  was  decided  in  the  affirmative — yeas  98, 
nays,  40. 

On  motion  of  Mr.  Montague  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  Janney,  (Pres't)  Messrs.  William  W.  Forbes, 
Ed.  M.  Armstrong,  John  N.  Hughes, 

William  B.  Aston,  George  VV.  Hull, 

John  B.  Baldwin,  John  J.  Jackson, 

George  Baylor,  Marmaduke  Johnson, 

George  W.  Berlin,  Peter  C.  Johnston, 


JOURNAL    OF    THE   COJS^'ENTIOIS". 


55 


Messrs.  George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Brnce, 
John  S.  Burdett, 
James  Bnrley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
Sherrard  Clemens, 
Sanuiel  A.  Coffman, 
C.  B.  Conrad, 
Ro.  Y.  Conrad, 
James  H.  Conch, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B,  Dorman, 
William  H.  Dnlany, 
Jnbal  A.  Early, 
John  Echols, 
Thomas  »S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
F.L.  Hale, 
Addison  Hall, 
Ephraim  B.  Hall, 

^  Allen  C.  Hammond, 

Alpheiis  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 


Messrs.  James  Lawson, 
John  F.  Lewis, 
William  Mc Comas, 
James  C.  McGrew, 
Paul  McNeil, 
Wm.  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Masiin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  I).  Sharp, 
James  W.  ShefTey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
,Tohn  M.  Speed, 
Burwcll  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  P.  Tayloe, 
William  M.  Tredway, 
Edward  Waller, 
William  White, 
Wms.  C.Wickham, 
Waitman  T.  Willey, 
Samuel  Woods— 98. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  William  M.  Ambler,      Messrs.  Robert  C.  Kent, 
Angus  R.  Blakey,  John  R.  Kilby, 


{ 

66  JOURNAL  OF  ^ilE  CONVEXTIOX. 

Messrs.  James  Boisseau,  Messrs.  .lohn  J.  Kindred, 

Peter  B.  Borst,  Walter  D.  Leake, 

William  P.  Cecil,  Robert  L.  Montague, 

.John  R.  Chambliss,  Edmund  T.  Morris, 

tfr'Manilius  Chapman,  Jeremiah  Morton, 

Raphael  M.  Conn,  William  J.  Neblett, 

Richard  H.  Cox,  WilHam  C.  Parks. 

Miers  W.  Fisher,  George  W.  Randolph, 

Samuel  L.  Graham,  George  W.  Richardson, 

Fendall  Qregory,  Jr.  John  T   Seawell, 

John  Goode,  Jr.  James  M.  Strange, 

Thomas  F.  Goode,  John  T.  Thornton, 

Cyrus  Hall,  Robert  II.  Turner, 

L.  S.  Hall,  Franklin  P.  Turner, 

Lewis  E.  Harvie,  Robt.  H.  Whitfield, 

James  P.  Holcomb'e,  Sam'l  C.  Williams, 

Lewis  D.  Isbell,  Henry  A.  Wise, 

Eppa  Hunton,  Benj.  F.  Wysor — 40. 

Mr.  Branch  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

1.  Resolved,  That  the  people  of  Virginia  in  Convention  assembled,  are  firmly 
opposed  to  military  eoercion,  open  or  inder  disguise,  to  the  Confederate  States  of 
the  Union  by  the  Federal  Government,  and  that  they  will  not  submit  to  it. 

2.  Resolved,  That  the  State  of  Virginia  is  willing  to  wait  a  reasonable  time  for 
the  Northern  States  of  the  Confederf  cy  to  guarantee  to  Virginia  and  her  sister 
Southern  States,  justice  and  equality  in  the  Union — based  on  the  principles  of 
the  "  Crittenden  Resolutions,"  and  a  protective  power  in  the  Constitution  for  the 
preservation  intact  of  their  just  and  equal  rights. 

3.  Resolved,  That  in  pursuance  of  this  policy  and  with  the  view  of  effecting  a 
restoration  of  kindly  feeling  in  all  parts  of  the  country,  and  re-constructing  the 
constitutional  compact  andUnion  up  n  an  honorable,  equal  and  permanent  basis, 
and  the  hope  of  securing  the  return  of  the  Cotton  States  which  have  withdrawn 
from  the  United  States,  Virginia  will  not  for  the  present  exercise  her  inherent 
right  of  declaring  herself  an  independent  sovereignty  of  America. 

4.  Resolved,  But  that  desiring  and  intending  to  act  with  the  candor  and  inde- 
pendence becoming  her  position  and  her  relation  towards  her  sister  States,  and 
the  complication  and  magnitude  of  the  interests  involved,  Virginia  distinctly  de- 
clares that  failing,  if  she  should,  in  '.uis  her  earnest  etibrt  to  accomplish  the  ob- 
jects above  indicated,  her  natural  ti'^s,  her  clear  rights  and  sacred  honor  alike 
dictate  a  firm  and  prompt  adhesion  on  her  part  to  the  common  cause  of  the 
Southern  States,  and  the  blending  of  their  interests  and  destiny  with  her  own. 

5.  Rfsolved,  That  we  invite  and  recjuest  the  States  of  Arkansas,  Missouri,  Ten- 
nessee, Kentucky,  Maryland,  Delaware  and  North  Carolina,  to  appoint  Corn- 
missioners  to  meet  Commissioners  appointed  by  this  Convention,  at  Wytheville,in 
the  county  of  Wythe,  in  this  State,  on  the  la'st  Thursday  in  March  next,  to  de- 
vise the  best  means  of  promoting  our  mutual  interests. 

6.  Resolved,  That  we  elect  eleven  Commissioners  to  carry  out  the  provisions  of 
the  5th  resolution  ;  and  that  they  report  their  determination  to  this  Convention, 
on  the day  of  April. 

7.  Resolved,  That  a  copy  of  these  resolutions  be  forwarded  to  the  Governors 
of  all  the  Stales,  to  the  President  of  the  United  States,  to  the  Governors  of  the 
confederated  States  of  North  America,  and  to  the  President  thereof. 

Mr.  Haymond  from  the  Committee  of  Elections  presented  a 


JOURNAL  OF  THE  CONTENTION.  57 

report  in  part,  which  on  motion  of  Mr.  Patrick,  was  laid  upon 
the  tabic  and  ordered  to  be  printed.     [Doc.  No.  IV.] 

Mr.  BouLDiN  submitted  the  following  resolution,  which  was 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved,  by  this  Convention,  That  any  attempt  on  the  part  of  the  Federal  Go- 
vernment to  reclaim,  by  military  force,  the  forts  and  arsenals  now  held  by  the  se- 
ceded States,  or  to  collect  by  force  federal  revenue  from  those  States,  if  not  it- 
self war,  must  inevitably  lead  to  war  ;  and  in  such  war  Virginia,  with  all  her 
military  strength,  will  sustain  the  seceded  States. 

On  motion  of  Mr.  Patrick  the  Convention  adjourned. 


Thursday,  February  21,  1861. 

The  Convention  assembled  at  12  o'clock,  ]\I. 

Prayer  by  the  Rev^  Mr.  Nolley,  of  the  Methodist  Church. 

The  President  announced  the  following  Committee  on 
Compensation  of  Officers,  under  the  resolution  adopted  yester- 
day: Messrs.  Johnson,  of  Richmond  City,  Hubbard,  Gregory, 
ColTman  and  Shelfey. 

Mr.  Raymond,  from  Committee  of  Elections,  presented  tlie 
following  report,  ''showing  who  are  elected  delegates  to  the 
Convention:" 

The  Committee  of  Elections  have  had  under  consideration 
the  evidence  of  election  of  members  to  the  Convention,  and  re- 
port that  tlie  following  persons  appear  to  have  been  duly  elected 
thereto,  to  wit: 

Accomac William  H.  B.  Custis. 

Albemarle i  Valentine  W   Southall, 

I  .James  P.  Holcombe. 

Alexandria George  W.  Brent. 

Alleghany  and  Bath Thomas  Sitlington. 

Amelia,  and  Nottoway I>ewis  E.  Harvie. 

Amherst Samuel  M.  Garland. 

Appomattox Lewis  D.  Isbell. 

rA.  H.  H.  Stuart, 

Augusta -^  John  B.  Baldwin, 

(^  George  Baj^lor. 

Barbour Sanmel  Woods. 

Bedford j  Yf^^r   ^  ^?^^^"' 

-^  ^  John  Goode,  Jr. 

„    /   7  X  Edmund  Pendleton. 

^''^''^'y i  Allen  C.Hammond 

8 


58  JOURNAL    OF    THE    CONVENTION. 

13  *  ,      *      ^  n    •  \  Flemina:  B.  Miller, 

Botetourt  and  Urms^ -{  tt^-,,-     ^t,,-   t,      i 

^  \y\  1  111  am  W.  Boyd. 

Braxton,  Nicholas,  Clay  and  Webster    Benjamin  W.  Byrne. 

Brooke Campbell  Tarr. 

Brnnsunck James  B.  Mallory. 

Buckingham William  W.  Forbes. 

Cabell William  McComas. 

^        J   „  CJolm  M.  Speed,  . 

C^'^P^cll I  (.,,^,.,^,^  R.  Slanghter. 

Caroline Edmund  T.  Morris. 

Carroll F.  L.  Hale. 

Charles  City,  James   City  and  •^*?^^ John  Tvder 

Kent ; 3 

Charlotte tV^ood  Bouldin. 

Chesterfield James  H.  Cox.         ^ 

Clarke Hugh  I\I.  Nelson. 

Culpcper James  Barbour. 

Cumberland  and  Powhatan William  C.  Scott. 

Dinwiddie James  Boisseau. 

Doddridge  and  Ti/ler C.J.  Stuart. 

Elizabeth  City,  Warwick,  York  «»rf7  Charles  K.  Mallory. 

WiUiamsburg y  ' 

Essex  and  King  4*  Queen Richard  H.  Cox. 

Fairfax William  H.  Dulany. 

Fauquier -^  Robert  E    Scott, 

•*  (John  Q.  Marr. 

Fayette  and  Raleigh Henry  E.  Cillespie. 

Fluvanna James  M.  Strange. 

Franklin i  -^"^^^^  '^-  ^""^^Y^ 

t  Peter  Saunders,  Sr. 
Floyd Harvey  Deskins. 

Frederick S  Robert  Y.  Conrad, 

(^  James  Marshall. 

Giles ]\lanilins  ( Chapman. 

Gloucester  ^ John  T.  Seawell. 

Gilmer,  Wirt  and  Calhoun C.  B.  (.'onrad. 

Goochland Walter  D.  Eeake. 

Grayson Wm.  C.  Parks. 

Greene  and  Orange Jeremiah  Morton. 

Greenbrier Samuel  Price. 

Grcenesville  and  Sussex J.  R.  Chambliss. 

Halifax S  Thomas  S.  Flournoy, 

(  James  C.  Bruce. 
Hampshire  ...  S  Edward  M.  Armstrong, 

^  I  David  Pugh. 

Hancock George  McU.  Porter. 


JOURNAL   OF   THE   CONVEOTTION.  59 

Hanover George  W.  Richardson. 

Hardy Thomas  Maslin. 

rr      •  CJohn  S.  Carlile, 

Harrison |Benjamin  Wilson. 

Fe  n  CO Williams  C.  "Wickham. 

Henry Peyton  Gravely. 

Hirrfiland George  W.  Hull. 

Me  of  Wight Robert  H.  Whitfield. 

Jackson  and  Roane Franklin  P.  Turner. 

,  _  (  Alfred  M.  Barbour, 

M(^rson I  Logan  Osburn. 

,^         ,  CGeorffe  W.  Summers, 

Kanawhxi jspicer  Patrick. 

King  George  and  Stafford Edward  Waller. 

King  William Fendall  Gregory,  Jr. 

Lancaster  and  Northumberland Addison  Hall. 

Lee John  D.  Sharp. 

Lee  and  Scott Peter  C.  Johnston. 

Lewis Caleb  Boggess. 

Logan,  Boone  and  Wyoming James  liawson. 

_       ,  C  John  Janney, 

Loudoun I  j^]^,^  ^    C^,.tgj. 

Louisa .     William  M.  Ambler. 

Lunenburg  '. .'  .* ..................  '.      VV.  J.  Neblctt. 

Madison Angus  R.  Blakey. 

CAlpheus  F.  Haymond, 
Marion I  Ephraim  B.  Hall. 

Mars/iall James  Burley; 

Mason James  H.  Couch. 

Matthews  and  Middlesex Robert  L.  Montague. 

Mecklenburg Thomas  F,  Goode. 

Mercer.  Napoleon  B.  French. 

r  Waitman  T.  W^illev, 

Monongalia |  Marshall  AI.  Dent.' 

Monroe If  l!""^-,  ^,"P^^^°»' 

"i  John  Ecliols. 

Montgomery Wm.  Ballard  Preston. 

Morgan Johnson  Orrick. 

Nansemond John  R.  Kilby. 

Nelson Frederick  M.  Cabell. 

Norfolk  City George  Blow,  Jr. 

Norfolk  County {.raHoSly.' 

Northampton Miers  W.  Fisher. 

^, .  CSherrard  Clemens, 

^^^^'^ \  Chester  D.  Hubbard. 

Page Peter  B .  Borst. 


60  JOURNAL  OF  THE  COKVENHOK. 

Patrick Samuel  G.  Staples- 

Pendleton Ileuiy  H.  Masters. 

Pocahontas Paul  McNeil. 

Petersburg Thomas  nranch. 

Pittsylvania i  "^^^  l'  Sml.erlin, 

^  (^  William  M.  Tredway. 

Pleasants  and  Ritchie Cyrus  Hall. 

Preston S  William  G   Brown, 

I  James  O.  McGrew, 

Prince  Edward John  T.  Thornton. 

Prince  William Eppa  Ilunton. 

Pi'incess  Aiine Honr)'^  A.  Wise. 

Pri?ice  George  and  Surnj Timothy  Rives. 

Pulaski Benjamin  F.  Wysor. 

Putnam James  W.  Hoge. 

Randolph  and  Tucker John  N.  Hughes. 

Rappahannock Horatio  G.  MolTet. 

r  William  H.  Macfarland, 

Riclimond  City -?  Marmaduke  Johnson, 

(^(Jeorgo  W.  Randolph. 

Richmond  County  Sf  Westmoreland.     Jolni  Critchcr. 

Roanoke George  P.  Tayloe. 

D    77   -7  t  Samuel  McD.  Moore, 

Rockbridge <  t  o    i-k 

^  (^  James  B.  Dorman. 

r  Sanniel  A.  Coliman^ 
Rockingliam <  John  F.  Lewis, 

(^  Algernon  S.  Gray. 

Russell  and  Wise William  B.  Aston. 

Scott Colbert  C.  Fugate. 

e;  J  ^h  (  Samuel  C.  Williams, 

iShenandoah -^  „     ,      ,  ht    /-i 

(^  Raphael  M.  Conn. 

Smyth James  W.  ShefTey. 

Southajnptnn John  J.  Kindred. 

Spotsylvania John  L.  Marye,  Sr. 

Taylor John  S.  Burdett. 

Tazewell \  William  P.  Cecil, 

(^oamuel  L.  Graham. 

Upshur George  W.  Berlin. 

Warren Robert  H.  Turner. 

Washington j  ^''^^'y  ^o^'^l* 'n 

*  ^  John  A.  Campbell. 

Wayne Burwell  Spurlock. 

Wetzel Leonard  S.  Hall. 

Wood John  J.  Jackson. 

Wythe Robert  C.  Kent. 


JOUENAL  OF  THE  CONVENTION.  61 

The  certificates  of  election  produced  are  herewith  filed,  excent 
those  filed  in  the  office  of  the  Secretary  of  the  CommouAvealth 

John  D.  Sharp  is  retnrned  elected  from  the  county  of  Lee" 
but  his  seat  in  the  Convention  is  contested  by  M.  B  D  Lvne' 
of  said  county  of  Lee,  and  his  petition  and  notice  of  contest 
have  been  referred  to  the  Committee  for  examination  and  deci- 
sion, which  contest  has  not  yet  been  finally  acted  uiwn  by  the 
Committee.  ^  j 

The  Committee  therefore  report  that  the  said  Johv  D  Sh\rp 
haying  the  official  return  of  election  for  said  county  of  Lee  is 
^nma /aae  entitled  to  occupy  a  seat  in  the  Convention,  until 
otherwise  ordered  by  the  Convention,  on  the  final  decision  of 
said  contest. 

The  Committee  will  report  upon  said  contest  as  soon  as  cir- 
cumstances will  allow. 

All  of  which  is  respectfully  submitted. 

A.  F.  HAYMOND, 

Chairma7i  of  the  Committee  of  Elections. 

Mr.  Haymoxd  from  the  same  committee,  presented  the  follow- 
ing ordinance,  which  was  adopted : 

AV    ORDINANCE    TOUCHING    CONTESTED    ELECTIONS. 

Jr/iercas  The  General  Assembly,  on  the  14th  day  of  January,  1861.  passed  an 
act  en  .tied  "an  act  for  electing  members  of  a  Convention  arfd  to  c^Jvene  the 
same;  and,  whereas  by  the  eighth  section  of  said  act  it  is  provided  tint  ''  n 
the  case  of  a  contested  election,  the  same  shall  be  governed  in  all  respect  by  the 
existmg  laws  HI  regard  to  contested  elections  in  the  House  of  DeKtes  unless 
\t7lT.  '^'i'^^'-^'^.'^y  l'^^  Convention;"  and,  whereas,  it  seems  to  the  Con^c^ion 
that  the  sa.d  ex.stmg  laws  in  regard  to  contested  elections  in  the  House  of  Dele- 
gates are  not  suitable  or  proper  for  the  government  of  the  Convenlion  incases 
of  contested  elecfons,  the  Convention  deems  it  necessary  (o  prescribe  propS 
rules  for  cases  of  contested  elections  for  seats  therein:  It  is  therefore         ^^ 

Ordained  by  the  Convenlion,  That  the  existing  laws  in  regard  to  contested  elec- 
tions ,n  the  House  of  Delegates  shall  not  be  applied  to,  or  govern  n  cases  of 
contested  elections  for  seats  in  this  Convention  ^  ' 

It  ts  further  ordained  by  the  Convention,  That  any  person  contesting  the  election 
tiTl  ''.  '  uli:'^'^  °f-  ''^'^  Convention,  shailf  within  a  reasonable  time  afer 
nVynr.Tl  f  tr^''/"r'^r  had,  give  to  the  other  notice  thereof  in  wrT- 
ting,  and  a  hst  of  the  votes  he  disputes,  with  the  objections  to  each,  and  of  the 
vo  es  improper  y  rejected,  for  which  he  will  contend.  If  he  object  to  the  le- 
gality of  the  election,  or  eligibility  of  the  person  elected,  the  notice  shall  et 
rasonaMeS'T^  and  the  person  whose  e^lection  is  contested  shalf,  wi?  n  a 
reasonable  mie  after  receiving  such  notice,  deliver  to  his  adversary  a  1  kc  list  of 
of  the  nn.T  r''  ^'  ^'fP"'',^  V'^'  '''^  objections,  if  any  he  has,  to  Uie  e  ig  hi  i?y 
to  d  snufe  I'p  H  ^  P'"'^-  ,^w ''  ?^'-J.y  f''^^"  ^PP^"d  to  the  list  of  votes  he  Lends 
son  ?hlr  f "''  ^''  ""*  \°  '•'*'  following  effect:  "I  do  swear  that  I  have  rea- 
m.^lfiH  /  ^®  PI'I""]'  ''''\°'''  "^'^'^^  ^'"^  =^^o^'c  mentioned,  are  not  legally 
quahhed  (or  are  qualified,  as  the  case  may  be,)  to  vote  in  the  county  of 
(or  corporation  or  district  of .")  ^  ' 

hp Ji'f  f*"?^"^"^!"^  ^-5^^'  ''"'^•V^^  P"""'""  ''"''"'^  '"'S'>^  's  contested  shall  respectively 
begin  to  take  depositions  withui  a  reasonable  time  after  the  delivery  of  the  no- 
tice aforesaid  by  the  contesting  party;  and  they  shall  finish  taking  the  same  in 


62  JOURNAL    OF   THE    COVENTION. 

a  reasonable  time  after  delivery  of  such  notice.  The  word  reasonable,  as 
used  in  this  ordinance,  shall  be  construed  with  reference  to  the  circumstances 
attending  each  case,  the  condition  of  the  parties,  and  the  fact  tiiat  this  ordinance 
has  not  been  adopted  until  now,  so  as  to  prevent,  as  far  as  practicable,  surprise 
to  the  parties.  This  ordinance  shall  apply  to  contests  now  pending,  as  w^ll  as 
those  which  may  hereafter  be  commenced. 

Mr.  Conrad,  from  the  Committee  on  Federal  Relations,  sub- 
mitted the  following  resolution,  which  was  adopted: 

Resolved,  That  the  Committee  on  Federal  Relations  have  leave  to  sit  during 
the  sessions  of  this  Convention,  until  further  order. 

Mr.  Woods  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

1.  Resolved,  That  the  allegiance  which  the  citizens  of  Virginia  owe  to  the  Fe- 
deral Government  of  the  United  States  of  America,  is  subordinate  to  that  due 
to  Virginia,  and  may  therefore  be  lawfully  withdrawn  by  her  whenever  she  may 
deem  it  her  duty  to  do  so. 

2.  That  in  case  the  State  of  Virginia  should  exercise  this  authority,  her  citi- 
zens would  be  in  duty  bound  to  render  allegiance  and  obedience  to  her  alone. 

3.  That  Virginia  recognizes  no  authority  in  any  government,  Slate  or  Federal, 
to  coerce  her,  or  any  of  her  citizens  to  render  allegiance  to  the  government  of 
the  United  States  after  she  may,  in  the  exercise  of  her  sovereign  power,  have 
withdrawn  from  it;  and  that  she  will  regard  any  attempt  at  coercion  as  equiva- 
lent to  a  declaration  of  war  against  her,  to  be  resisted  at  "every  hazard,  and  to 
the  last  extremity." 

4.  That  the  States  of  South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi, 
Louisiana  and  Texas,  having  severally  formally  withdrawn  the  allegiance  of 
their  respective  people  from  the  United  States  of  America,  a  faithful,  earnest 
desire  to  avert  civil  war,  and  the  sound  conservative  sentiment  of  the  whole 
country,  alike  indicate  to  the  government  of  the  United  States  the  necessity  and 
policy  of  acknowledging  their  independence. 

Mr.  Carlile  submitted  the  following  resolution: 

Resolved,  That  when  the  Convention  adjourns  to-day  it  will  adjourn  to  meet 
on  Monday  next. 

Mr.  Fisher  moved  to  amend  the  resolution  by  striking  out 
'^Monday"  and  inserting  "Saturday,"  and  ihe  question  being 
put  was  decided  in  the  affirmative. 

The  resolution  as  amended  was  then  adopted. 

On  motion  of  Mr.  Hall,  of  Wetzel,  the  Convention  adjourned. 


JOURNAL  OF  THE  COXVENTION.  63 


1 


Saturday,  February  23d,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 
Prayer  by  the  Rev.  Mr.  Nolley,  of  the  Methodist  Church. 
On  motion  of  Mr.  Montague   the  following   resolution  was 
adopted : 

Resolred,  That  the  several  railroad  companies  in  this  State  be  requested  to 
report  to  the  Convention  as  soon  as  practicable,  the  number  of  negroes  cariied 
over  their  roads  en  route  for  any  Southern  States  within  the  years  1855  to  1861, 
inclusive. 

On  motion  of  Mr.  Tredway,  the  following  resolution,  offered 
by  him  on  the  7lh  day  of  the  session,  was  taken  up  and  adopted: 

Resolved,  That  a  select  committee  of  five  be  appointed  with  instructions  to  in- 
quire and  report  as  speedily  as  practicable,  wiiether  any  movement  of  arms  or  men 
has  been  made  by  the  General  (Jovernment,  to  any  fort  or  arsenal  in, or  border- 
ing upon  Virginia,  indicating  a  preparation  for  attack  or  coercion. 

Mr.  Fisher  submitted  the  following  resolution,  which  Avas 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations. 

Resolved,  That  this  Convention  does  not  wish  to  inaugurate  a  National  Conven- 
tion, and  would  not  rely  on  such  a  body  to  allbrd  redress  for  the  grievances  and 
■wrongs  of  which  the  South  complain,  nor  give  such  guarantees  as  would  satisfy 
the  people  of  this  State  that  their  honor  and  interest  would  obtain  an  effectual  pro- 
tection from  such  a  Convention;  but,  on  the  contrary,  that  the  people  of  the 
South  might  reasonably  apprehend  that  such  a  body  would  reorganize  the  judi- 
ciary system  of  the  United  States,  and  make  the  Judges  elective  by  the  whole 
people  of  tlic  Union,  as  Mr.  Seward  has  declared  his  party  would  do  as  soon  as 
they  acquired  the  power,  and  that  such  a  body  would  make  other  innovations 
upon  the  now  recognized  rights  of  the  minority  section. 

Mr.  WiiiTFiELn  submitted  the  following  resolutions,  which 
were  ordered  to  be  referred  to  the  Committee  on  Federal  Rela- 
tions: 

Resolved,  That  the  election  of  Abraham  Lincoln  to  the  Presidency  of  the  United 
States,  and  the  apprehensions  entertained  as  to  the  policy  of  his  administration, 
together  with  the  withdrawal  of  the  seceded  States  from  the  Union,  having 
placed  Virginia  in  great  peril  and  embarrassment,  the  Convention  should  delibe- 
rate coolly  and  calmly  upon  the  course  she  is  to  pursue  for  the  future. 

Resolved,  That  if  the  Peace  Congress  should  fail  in  its  mission;  or  if  the  guar- 
antees which  may  be  adopted  by  it,  and  assented  to  by  this  Convention,  be  not 
ratified  within  ,  by  the  people  of  the  North,  Virginia,  cooperating 

with  the  border  slave  States,  will  unite  with  tlie  seceded  States,  provided  the 
latter  have  not  incorporated  in  their  Constitution  provisions  prejudicial  to  her 
interests. 

Resolved,  That  while  we  tender  our  warm  sympathies  to  our  Southern  sisters, 
and  feel  embittered  by  the  wrongs  and  injuries  received  from  the  North,  this 
Convention  should,  nevertheless,  look  Ji?si  to  the  interests  of  Virginia,  and  by 
conciliation  and  compromise  pursue  that  course  which  will  produce  harmony  and 
prevent  discord  among  ourselves. 

Resolved,  That  in  the  judgment  of  this  Convention,  this  Commonwealth  should 
resist,  with  all  her  means,  any  attempt  to  coerce  a  seceded  State. 


w 


64  JOURNAL  OF  THE  CONVENTION. 

Resolved,  That  if  the  force  of  events  shall  present  the  alternative  to  Virgfnia, 
of  uniting  either  with  the  North  or  the  South,  in  the  opinion  of  this  Convention 
her  true  position  will  be  with  the  latter. 

Mr.  Wilson  submitted  the  following  resolutions,  wliicli  \vere 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

licsohcd,  That  we,  the  people  of  Virginia,  in  Convention  assembled,  do  adhere 
ilh  patriotie  devotion  to  the  Union  of  these  Slates,  ai:d  Ihal  we  will  do  as  long 
c3  the  same  can  be  perpetuated  ccnsistertly  with  full  security  of  all  our  constitu- 
tional rights,  and  the  maintenance  of  the  equality  of  all  the  Stales. 

Resolved,  That  it  is  inexpedient  .ind  improper  for  the  General  Government  to 
increase  its  forces  at  tlic  forts,  arscnai-s  ai:d  deck  yards  within  the  limits  of  Vir- 
ginia, or  to  do  any  act  looking  to  warlike  prcparatio^is  against  this  State. 

Mr.  Sharp  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

1.  Be  it  Resolved,  as  the  sense  of  this  body,  That  the  Constitution  of  Govern- 
ment and  the  Union,  founded  and  established  by  our  forefathers,  having  been  the 
silent,  yet  prolific  source  of  prosperity,  peace  and  happiness  to  all  the  [jeople  of 
the  United  States,  and  of  prosperity,  peace  and  ha|)pitiehs,  only,  from  its  founda- 
tion to  the  present  time,  and  will  be  for  all  time  to  come  to  our  posterity,  if  we 
are  but  true  to  the  great  trust  reposed  in  us,  as  freemen,  should  ii(>t  be  broken  up 
and  destroyed,  except  for  grave  and  weighty  causes  of  intolerable,  oppressive  and 
insuiferable  grievances,  and  only  then  after  all  peaceful  and  constitutional  means 
of  redress  have  been  tried  and  have  failed. 

2.  Resolved,  That  without  expressing  an  opinion  as  to  whether  or  not  a  Slate 
has  the  constitutional  right  to  secede  from  the  I'nion,  yet  this  body  deprecatcB 
its  exercise  on  the  part  of  any  State  as  an  act  of  political  suicide,  that  would 
aggravate,  an  hundred  fold,  every  grievance  complained  of  rather  than  remedy 
a  single  one. 

3.  Resolved,  That  though  we  believe  that  a  povernnunt,  without  the  constitu- 
tional right  and  power  to  enforce  all  its  laws  made  in  pursuance  of  the  Constitution 
establishing  it,  and  to  hold  all  its  property,  every  where,  to  the  extent  of  its 
limits  and  jurisdiction,  is  wortliless  and  equivalent  to  just  no  government  at  all; 
yet  we  would  deprecate  an  attempt  on  the  part  of  the  Federal  Government  to 
execute  its  laws  in  the  seceding  States,  or  to  retake,  by  force,  the  forts  and 
other  property  of  said  Government  in  the  seceding  Slates,  thai  have -been  cap- 
tured by  said  States  from  said  Government,  as  an  act  of  policy,  bad  in  its  inevi- 
table results, — an  act  unmistakeably  calculated  to  produce  civil  war  and  sec- 
tional strife — the  direst  calamity  that  could  possibly  befall  a  people. 

4.  Resolved,  That  whilst  v.e  v.ould  deprecate,  on  the  part  of  the  Federal  Go- 
vernment, any  act,  calculated,  or  intended  to  coerce  the  seceding  Stales,  or  any 
of  them,  and  to  produce  a  state  of  civil  war,  and  sectional  strife;  yet  we  would 
equally  deprecate  and  condemn  any  attempt  to  take  by  force  of  arms,  from  the 
Federal  Government,  by  tlie  seceding  States,  or  any  of  them,  any  f(  rt,  arsenal, 
navy  yard,  or  other  jiroperty,  owned  by,  and  in  the  possession  of  said  Federal 
Government,  as  an  act  of  war,  on  the  lurt  of  said  seceding  State, or  Stales,  in 
which  act  said  State,  or  States,  would  be  the  aggressor  or  aggressors,  and  that 
Virginia,  under  such  circumstances  would  be  under  no  obligation  to,  and  would 
not  assist  or  support  such  State,  or  States,  in  a  war  produced  by  such  act. 

5.  Resolved,  That  the  unhappy  differences  that  now  distract  and  divide  the 
country,  ought  to  be  met  in  a  spirit  of  fairness  to  all  parties,  and  settled  in  the 
same  spirit;  and  that  in  the  opinion  of  this  body,  the  Crittenden  or  Border  State 
resolutions  do  present  a  basis  of  settlement  that  would  be  fair  to  all  parties,  and 
satisfactory  to  Virginia,  and  to  the  Border  States  of  this  Confederacy. 

On  motion  of  Mr.  Hall,  of  Lancaster  and  Northumberland, 
the  Convention  adjourned. 


JOURNAL  OF  THE  CONVENTION.  65 


Monday,  February  25,  1861. 

*^rhe  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Minnegerode,  of  the  Episcopal 
Church. 

The  President  announced  the  following  committee,  under 
the  resolution  of  Mr.  Tredway,  adopted  on  Saturday,  the  ele- 
venth day  of  the  session:  Messrs.  Tredway,  Bouldin,  Pendle- 
ton, Wilson  and  Mallory,  of  Elizabeth  City. 

Mr.  Haymond  submitted  the  Ibllowing  resolution,  which,  on 
his  motion,  was  laid  upon  the  table,  and  ordered  to   be  printed: 

'Resolved,  That  the  Constitution  of  this  State  should  be  amended,  and  that  this 
Convention  will  amend  the  Constitution  wherein  it  is  necessary  and  proper  that 
it  should  be  amended,  and  will  submit  the  same,  as  amended,  to  the  voters  of  the 
State  for  their  adoption  or  rejection. 

Mr.  Hall,  of  Wetzel,  submitted  the  following  resolution, 
which,  on  motion  of  Mr.  Chambliss,  was  laid  upon  the  table: 

Resolved,  That  a  committee  of  twentj^-one  be  appointed  by  the  Chair,  to  be 
styled  the  Committee  on  the  State  Const'itution,  and  that  they  report  to  the  Con- 
vention what  amendments,  if  any,  are  necessary,  at  present,  to  be  made  to  the 
present  State  Constitution. 

Mr.  Chambliss  presented  a  petition  from  Robert  R.  Collier, 
of  the  City  of  Petersburg,  which,  being  read,  Mr.  Nelson  moved 
that  it  be  laid  upon  the  table;  and  the  question  being  put,  was 
decided  in  the  negative — yeas  18,  nays  97. 

On  motion  of  Mr.  Chambliss,  the  vote  was  recorded  as 
follows: 

The  names  of  those  who  voted  in  the  affirmative  are: 

Messrs.  Robert  Y.  Conrad,         Messrs.  Hngh  M.  Nelson, 

Jubal  A.  Early,  Edmund  Pendleton, 

James  P.  Holcombe,  George  \V.  Randolph, 

J.  G.  HoUaday,  George  W.  Richardson, 

John  N.Hughes,  Thomas  Sitlington, 

John  F.  Lewis,  Valentine  W.  Southall, 

Pan  I  McNeil ,  William  White , 

WilUam  H.  Macfarland,  WiUiams  C.  Wickham, 

Samuel  McD.  Moore,  Samuel  Woods — 18. 

The  names  of  those  who  voted  in  the  negative  are: 

Messrs.  John  Janney,  (Pres't)  Messrs.  Alpheus  F.  Haymond, 
Edw'd  M.  Armstrong,  James  W.  Hoge, 

William  B.  Aston,  Chester  D.  Hubbard, 

9 


66 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey^ 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cab  all, 
John  A.  Ca^lpb^l[, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Desk  ins, 
William  H.  Diilany, 
John  Echols, 
IViiers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 


Messrs.  George  W.  Hull, 
Lewis  D.  Isbell, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  J.  Kindred, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Hi^ratio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris,    . 
Jeremiah  Morton, 
William  J.  Neblett, 
Logan  Osburn, 
William  C.  Parks, 
George  McC.  Porter, 
David  Pugh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
William  C.  Scott, 
John  T.  Seawell, 
John  D.  Sharp, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
James  M.  Strange, 
,  William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
Robert  H.  Whitfield, 
Waitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Benj.  F.Wysor— 97. 


JOURNAL  OF  THE  CONVENTION.  67 

The  petition  was  then,  on  motion  of  Mr.  C  ft  a  mb  lis  s,  ordered 
to  be  referred  to  the  Committee  on  Federal  Relations. 

Mr.  .ToiiNso.v  from  the  Committee  on  Compensation  of  Offi- 
cers, presented  the  following  report,  which  was  read  and  adopted: 

The  Committee  on  compensation  of  officers,  respectfully  recommend  to  the 
Convention,  the  adoption  of  the  following  resolution: 

Refiolred,  Tliat  tiie  allowance  to  the  ofilccrs  of  this  Convention  for  their 
services  dunnc;  its  scsion  shall  be,  (o  IhePresidenI,  in  addition  to  his  mileage 
as  a  member  of  the  Convention,  eight  dollars  per  day — to  the  Secretary,  inclu- 
ding the  pay  for  his  assistants,  one  hundred  dollars  per  week — to  the  Sergeant- 
at-Arms,  thirty  dollars  per  week — to  each  of  the  Door  Keepers,  twenty-eight 
dollars  per  week — and  to  each  of  the  Pages,  fourteen  dollars  per  week — and  that 
•Tohn  D.  Smith,  for  superintending  and  keeping  in  order  the  Mechanics'  Institute, 
during  the  session  of  the  Convention  therein,  and  for  the  employment  of  servants 
to  aid  him  in  doing  so,  be  allowed  five  dollars  per  day. 

Mr.  Moore  submitted  the  following  resolutions: 

1.  Resolvei},  That  the  conduct  of  the  so-called  free  States,  in  resisting  the 
execution  of  the  fugitive  slave  law — in  refusing  to  give  up  criminals  fleeing  from 
justice — and  in  seeking  to  deprive  the  Southern  Stales  of  any  portion  of  the 
common  territory  of  the  nation,  and  of  their  citizens,   in   circulating  incendiary 

Eamphlets  among  us — in  furnishing  arms  to  bands  of  assassins  to  invade  our 
orders  and  murder  our  people,  with  other  flagrant  wrongs,  is  such  as  to  require 
prompt  reparation  of  the  injuries  inflicted,  and  justify  Virginia  in  demanding,  as 
she  does  demand,  full  and  ample  security  that  those  wrongs  shall  not  be  repeated. 

2.  Rcsolred,  That  Virginia  can  never  consent  to  become  a  member  of  any  Con- 
federacy, by  the  Constitution  of  whicli,  the  reopening  of  the  African  slave  trade 
is  not  prohibited. 

3.  Resolved,  That  Virginia  will  not  become  a  member  of  any  Confederacy  the 
government  of  which,  except  under  extraordinary  circumstances,  is  to  be  sup- 
ported by  direct  taxation. 

4.  Resolved,  That  this  Convention  doth  approve  of  the  amendment  to  the  Con- 
stitution of  the  United  Slates  proposed  by  the  Crittenden  resolutions  ;  and 
declare  its  readiness  to  accept  the  same  as  a  satisfactory  adjustment  of  existing 
controversies  between  the  Northern  and  Southern  States. 

5.  Resolved,  That  in  the  event  of  the  amendments  referred  to,  or  other  equivalent 
amendments  to  the  Constitution  of  the  United  States,  not  beinc  adopted,  Virginia 
will  be  ready  to  enter  into  a  compact  with  such  States  as  will  agree  to  adopt 
said  amendments,  by  which  the  present  government  of  the  United  States  shall 
be  declared  to  be  dissolved,  as  to  the  States  so  agreeing,  and  that  they  will 
thenceforth  constitute  a  new  Confederacy  under  the  Cuistitution  so  amended, 
from  which  all  the  Slates  not  so  agreeing  "shall  be  excluded. 

Pending  the  consideration  of  the  above  resolution,  some  dis- 
order occurred  in  the  galleries,  which  were  cleared  by  order  of 
the  Phesident.  One  of  the  oflenders  being  arrested  by  the 
Sergeant-at  Arms,  tn  motion  of  Mr.  Conrad,  of  Frederick,  the 
person  under  arrest  was  discharged  from  custody. 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  resolutions 
offered  by  Mr.  Moore,  were  laid  upon  the  table. 

Mr.  BuRDETT  submitted  the  fallowing  resolution,  which,  on 
motion  of  Mr.  Wickham,  was  laid  upon  the  table: 

Resolved,  That  in  view  of  the  scene  of  disturbance  that  has  just  occurred  to 
our  deliberations,  a   committee   be   appointed   to  take   into  consideration  tbe 


68  JOURNAL  OF  THE  CONVENTION. 

expediency  of  adjourning  from  this  place  to  Staunton,  or  some  other  place,  at 
which  the  sessions  of  this  Convention  can  be  held  without  being  interrupted  by 
outside  pressure. 

On  motion  of  Mr.  Sheffey,  the  Convention  adjourned. 


\i 

Tuesday,  February  26;  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Minnegerode,  of  the  Episcopal 
Church. 

On  motion  of  Mr.  Brown,  of  Preston,  the  following  resolution 
was  adopted : 

Resolved,  That  the  Auditor  of  Public  Accounts  be  requested  to  furnish  to  the 
Convention  a  statement  showing  the  aggregate  number  of  persons  returned  de- 
linquent by  the  Sheriffs  of  the  different  Counties  of  the  Commonwealth,  for  the 
non-payment  of  taxes,  for  the  year  IbGO;  also,  the  aggregate  amount  of  taxes 
on  such  delinquent  lists. 

On  motion  of  Mr.  Goggin,  the  resolutions  submitted  yester- 
day by  Mr.  Moore,  were  taken  up,  and  pending  their  further 
consideration, 

On  motion  of  Mr.  Dorman,  the  Convention  adjourned. 


Wednesday,  February  27,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Minnegerode,  of  the  Episcopal 
Church. 

On  motion  of  Mr.  Hall,  of  Marion,  ordered  that  the  Journal 
of  the  2Uth  inst.  be  corrected  by  recording  his  name  with  those 
who  voted  in  the  affirmative  upon  the  motion  of  Mr.  Price  to 
reconsider  the  vote  by  which  the  resolution,  authorizing  the 
contract  with  the  proprietors  of  the  Richmond  Enquirer,  was 
adopted. 

On  motion  of  Mr.  Conrad,  of  Frederick,  the  following  reso- 
lution was  adopted: 

Resolved,  That  the  Clerk  of  the  Committee  on  Federal  Relations  be  allowed, 
as  compensation  for  his  services,  at  the  rate  of  twenty-eight  dollars  per  week. 

Mr.  Wilson  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Branch,  was  laid  upon  the  table: 

Resolved,  That  the  Auditor  of  Public  Accounts  be  requested  to  report  to  this 
Convention  whether  any  loss  has  been  sustained  to  this  State,  from  the  manner 


JOURNAL  OF  THE  COXVEXTION.  69 

in  which  the  Commissioners  of  the  Board  of  Public  Works  have  disposed  of  the 
bonds  of  the  State;  if  so,  what  the  loss  is,  of  what  it  consisted,  and  when  it 
occurred.  And  that  he  be  also  requested  to  report  to  this  Convention  the  amount 
levied  by  each  county  of  the  State  for  the  year  1860,  for  the  compensation  of 
justices  of  he  peace  Also,  the  amount  paid  to  jurors  for  services  rendered 
m  the  county  courts  from  the  State  and  county  treasuries  during  the  same  period. 

Mr.  Morris  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Raymond,  was  laid  upon  the  table: 

Resolved,  That  each  member  of  this  Convention  be  entitled  to  receive  for  dis- 
tribution one  hundred  copies  of  the  daily  proceedings  of  the  body,  instead  of  the 
number  now  provided  for  by  the  contract  with  the  reporters  of  the  Convention. 

The  Prf:sident  presented  a  communication  from  the  Execu- 
tive of  the  Commonwealth,  transmitting  a  report  from  the 
Adjutant  General  in  response  to  a  resolution  of  the  Convention 
calling  for  information  concerning  the  militia  and  volunteers  of 
the  State,  &c.,  Av^hich,  on  motion  of  Mr.  Fisher,  was  laid 
upon  the  table,  and,  whh  the  accompanying  document,  ordered 
to  be  printed.     [Doc.  VII.] 

The  President  presented  a  copy  of  the  contract  entered  into 
with  the  proprietors  of  the  Richmond  Enquirer,  under  the  reso- 
lution adopted  by  the  Convention  on  the  20di  instant;  and 
ordered  the  same  to  be  filed  in  the  office  of  the  Secretary  of 
the  Convention.  • 

The  resolutions  submitted  on  ^londay  last,  by  Mr.  Moore 
being  the  unfinished  business,  M'ere  taken  up,  and  pending  their 
further  consideration,  ^  r  o 

On  motion  of  Mr.  Patrick,  the  Convention  adjourned. 


Thursday,  February  28,  1S61. 

The  Convention  assembled  at  12  o'clock,  M. 
Prayer  by  the  Rev.  Dr.  Burrows  of  the  Baptist  Church. 
Mr.  Richardson  submitted  the  following  resolution,  which, 
on  motion  of  Mr.  Early,  was  laid  upon  the  table: 

tbfoo/rf'  T^""^  in  furtherance  of  the  resolution  adopted  by  this  Convention  on 
the  20th  inst.,  seeking  information  of  the  Governor  regarding  the  militia  the 
AdjutaiU  General  of  the  State  be  and  he  is  hereby  requested  fo  eommunicat'e  to' 

howSy'T'^i  /,''%'' /""'P^^'*''!''^'^''  "^  thorough  report  on  the  subject, 
how  many,  and  what  kmd  of  arms  arc  m  the  possession  of  the  State  undistributed 
and  he  number  and  kind  of  additional  companies  which  can  and  will  probably 
shortly  be  armed  Also  at  what  points,  in  his  judgment,  having  due  reference 
Lt.  T^  ^^i^^'f^  ^^f  d.flerent  companies  and  to  economy  in  time  and  money, 
the  whole  volunteer  force  of  the  State  can  be  best  asseinblcd  in  bodies  suffi- 
ciently large  to  be  instructed  in  battalion  evolutions,  in  the  evolutions  of  the 


70  JOURNAL    OF   THE    CONVENTIOlSr. 

line,  in  siege,  garrison  and  camp  duties,  and  all  other  duties  incident  to  the  re- 
spective arms  of  the  service,  and  any  otlier  ipformation  in  his  reach  calculated 
to  thrown  light  on  tlie  means  necessary  to  put  the  Commonwealth  in  a  complete 
state  of  preparation  against  attack. 

The  resolutions  submitted  on  Monday  last  by  Mr.  Moore, 
being  the  unfinished  business,  were  taken  up,  and  pending  their 
fm'ther  consideration, 

On  motion  of  Mr.  Early,  the  Convention  adjourned. 


Friday,  March  1,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Mr.  Tyler,  the  delegate  from  Charles  City,  James  City  and 
New  Kent,  appeared  and  took  his  seat. 

Prayer  by  the  Rev.  Dr.  Burrows,  of  the  Baptist  Church. 

Mr.  Garland  submitted  the  following  resolution,  which  was 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resnhrd,  That  an  Ordinance  should  be  passed  by  this  Convention, submitting  to 
the  qualified  voters  of  this  State,  the  question  whether  Virginia  shall  remain  at- 
tached to  the  Nortliern  Confederacy,  or  whether  she  shall  secede  and  unite  her 
destiny  with  tlie  States  of  the  Southern  Confederacy. 

Mr.  Fisher  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Price,  was  laid  upon  the  table: 

Resolved,  That  the  Commissioners  to  the  Peace  Congress  from  this  State,  be 
requested  to  make  their  report  to  this  Convention,  in  person,  at  their  conve- 
nience. 

Mr.  Echols  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

1.  Resolved,  That  in  the  present  political  complications  of  our  country,  it  is 
the  duty  of  the  Congress  of  the  United  States  to  recognize  the  separate  and  in- 
dependent nationality  of  the  States  that  have  united  themselves  under  the  name 
of  the  Confedtirate  States  of  America. 

2.  Resolved,  That  concurrently  with  such  recognition  a  treaty  should  be  made 
between  the  two  governments,  which  treaty  should,  among  other  things,  provide 
for,  first,  the  perpetual  prohibition  of  the  African  Slave  Trade,  and  second,  the 
Free  Navigation  of  the  Mississippi  iliver. 

Mr.  BoissEAU  submitted  the  following  resolutions,  which, 
were  ordered  to  be  referred  to  the  Comnn'ttee  on  Federal  Relations: 

1.  Resnlved,  That  the  Union  was  formed  by  the  voluntary  co-partnership  of  the 
States,  the  equal  and  sovereign  parties  to  the  compact  of  Union,  known  as  the 
Constitution;  Itiat  the  Federal  Government  is  the  creature  and  comm  ^n  agent  of 
the  States,  created  by  them  for  certain  purposes  specified  in  the  Constitution, 
and  having  no  powers  except  those  delegated;  that  when  the  people  of  Virginia 


JOURNAL  OF  THE  CONVENTION.  71 

in  Convention  assembled,  ratified  t^e  Constitution  of  the  United  States,  they  de- 
clared that  the  powej-s  which  tliej'  thereby  granted  miu;ht  be  resumed  by  them 
whensoever  tlic  same  should  be  perverted  to  their  injury  or  oppression;  and  the 
people  of  Virginia,  and  not  the  Federal  Government,  are  the  judges  of  the  ne- 
cessity which  may  compel  them  to  resume  those  powers. 

2.  Resolved,  That  the  occasion  has  now  arisen  which  justifies  the  people  of  Vir- 
ginia in  resuming  the  said  powers,  ancf  when  they  resume  the  same,  they  will 
then,  as  a  free  and  independent  State,  have  full  power  to  levy  war,  conclude 
peace,  contract  alliances,  establish  commerce,  and  to  do  all  other  acts  and  things 
which  an  independent  Slate  may  of  right  do;  and  no  Government  or  people  on 
earth  will  have  any  right  to  collect  revenue  in  any  (brm  or  under  any  disguise  or 
evasion  on  her  soil,  or  to  interfere  in  any  way  with  her  commerce;  nor  lo  hold 
any  forts,  magazines,  arsenals  or  dock  yards  in  her  limits;  hut  ihe  State  will  ac- 
count with  the  United  States  for  theirrights  of  property  in  the  same,  on  just, 
fair  and  equity bl^  terms. 

Mr.  DoRMAN  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations. 

1.  Resolved,  That  the  Federal  Union  was  made  by  the  people  of  the  several 
States,  and  can  rightfully  be  dissolved,  by  the  power  alone  that  made  it. 

2.  Resolved,  That  Virginia  should  use  her  best  efforts  to  procure  a  direct  vote 
of  the  .people  of  all  the  States,  including  those  which  have  seceded  from  tlie 
Unio'n,  »if)on  the  alternative  proposition  of  disunion  or  adjustment  on  the  basis  of 
the  Peace  Conference  proposition — and  Ihat  she  will  thereafter  cooperate  with 
such  States  as  concur  with  her  in  the  result  of  theu"  votes. 

On  motion  of  Mr.  Hughes,  the  following  resolution  was 
adopted: 

Resolved,  That  a  committee  of  three  be  appointed  to  confer  with  the  editors  of 
the  Richmond  Enquirer  to  ascertain  whether  the  proceedings  of  this  Convention 
could  be  published  upon  a  separate  sheet  without  any  other  matter. 

The  President  announced  the  following  committee,  in  accord- 
ance with  the  foregoing  resolution:  Messrs.  Hughes,  Wickham 
and  Richardson. 

Mr.  BuRLEY  presented  the  proceedings  of  a  meeting  held  in 
Marshall  County,  Virginia,  which  were  read,  and  on  his  motion, 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

The  President  presented  a  statement  from  the  Auditor  of 
Public  Accounts,  in  response  to  a  resolution  adopted  on  the  26th 
instant,  showing  the  aggregate  number  of  persons  returned  de- 
linquent by  the  sheriffs  for  the  non-payment  of  taxes,  etc. ,  which, 
on  motion  of  Mr.  Brown,  was  laid  upon  the  table,  and  ordered 
to  be  printed.     [Doc.  No.  VHI.] 

Mr.  Wise  presented  the  following  communication,  which  was 
read,  and  on  his  motion,  ordered  to  be  entered  on  the  Journal: 

Richmond,  Va.,  February  28th,  18G1. 

Dear  Sir, — Happening  to  be  in  the  hall  of  the  Convention  on  Monday  last, 
when  the  alleged  disturbance  took  place  in  the  gallery,  and  being  complicated 
in  the  matter,  I  deem  it  proper  that  1  should  ho  put  right.  Permit  me,  therefore, 
to  ask  you  to  do  me  the  favor,  lo  lay  the  facts  before  the  Convention,  so  far  as 
they  relate  to  me.  When  the  President  gave  the  order  to  clear  the  gallery ,  I  was 
standing  quietly  in  the  lower  part  of  the  hall,  assigned  to  visitors  by  the  Conven- 


72  JOURNAL  OF  THE  CONVENTIOK. 

tion,  and  remained  there  until  tiie  Sergeant-at-Arms  had  cleared  the  gallery,  and 
the  greater  part  of  the  apartment,  where  1  was  standing.  When  he  approached 
me,  I  motioned  him  to  stand  off,  and  remarked  in  a  distinct,  respectful  tone  of 
voice,  "Mr.  President,  this  is  not  the  gallery."  Mr.  Sheffey  immediately  sub- 
mitted a  motion,  that  "  it  is  necessary  for  the  preservation  of  the  dignity,  and  de- 
corum of  this  body,  that  scenes  of  this  tdiaracter  should  be  repressed,  and  there- 
fore, moved  that  the  Sergeant-at-Arms  do  take  the  gentleman  who  made  the  dis- 
turbance into  custody,  and  bring  him  to  the  bar  of  this  body. "  Then  for  the  first 
time  the  President  gave  the  order  to  clear  the  lobby.  I  trust  my  views  of  digni- 
ty and  decorum,  are  not  below  the  highest  standard  of  the  highest  rank.  But 
my  views  of  truth,  and  honor,  and  justice,  are  deeper  and  stronger  than  any  no- 
tion I  may  have  about  dignity.  Being  the  "  gentleman"  referred  to  in  the  motion 
of  Mr.  Sheffey,  it  makes  me  the  promoter  of  the  disturbance,  as  it  stands  record- 
ed in  Monday's  proceedings,  while  in  fact  I  had  nothing  to  do  with  it,  I  did  not  par- 
ticipate in  the  applause,  that  caused  the  gallery  to  be  clearetj^  in  the  slightest 
degree,  though  I  heartily  approved  the  sentiment,  which  was  applauded.  The 
statement  that  appears  in  the  proceedings,  that  I  left  when  the  motion  was  made, 
is  a  mistake.  I  would  have  died  on  the  spot,  rather  than  leave  before  the  matter 
was  disposed  of;  and  when  I  was  taken  before  the  Convention  by  the  Sergeant- 
at-Arms,  (whom  I  exempt  from  censure)  I  was  discharged  on  the  alleged  ground 
that  "it  was  the  first  case  of  disorder  that  had  occurred,"  without  the  investiga- 
tion which  the  rule  required,  and  which  I  had  a  right  to  demand,  in  view  of  the 
censure  embodied  in  the  resolution  of  Mr.  Sheffey. 

Very  truly,  yours, 

FRANKLIN  THOMAS. 

Hon.  Henry  Jl.  Wise. 

Mr.  Sheffey  submitted  the  following  resolution: 

Resolved,  That  the  Commissioners  of  Virginia  to  the  late  Peace  Conference  at 
Washington  be  requested,  at  as  early  a  period  as  may  be  agreeable  to  them  after 
they  shall  have  reported  according  to  the  provisions  of  the  act  of  Assembly  ap- 
pointing them,  to  explain  severally  before  the  Convention  their  views  of  the  ac- 
tion of  said  Conference  and  of  its  result;  and  that  Commissioners  Hon.  William 
C.  Rives,  Hon.  John  W.  Brockenbrough  and  Hon.  James  A.  Seddon,  be  invited 
by  the  President  to  occupy  seats  in  this  Convention. 

Mr.  Price  submitted  the  following  amendment;  by  way  of 
substitute: 

Resolved,  That  the  President  of  this  Convention  be  instructed  to  invite  the 
Hon.  William  C.  Rives,  the  Hon.  James  A.  Seddon,  the  Hon.  John  Brocken- 
brough, and  the  Hon.  John  Robertson,  to  occupy  seats  upon  this  floor. 

The  question,  being  on  the  adoption  of  the  amendment,  was 
put  and  determined  in  the  affirmative — yeas  71,  nays  50. 
On  motion  of  Mr.  Early,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  Janney,  (Pres''t)  Messrs.  Chester  D.  Hubbard, 

William  B.  Aston,  George  W.  Hull, 

John  B.  Baldwin,  John  J.  Jackson, 

Alfred  M.  Barbour,  Marmaduke  Johnson, 

James  Barbour,  Peter  C.  Johnston, 

George  Baylor,  John  F.  Lewis, 

George  W.  Berlin,  William  McComas, 


JOURNAL    OF    THE    CONTENTION. 


73 


Messrs.  Caleb  Boggess, 
Thomas  13  ranch, 
Wilham  G.  Brown, 
John  S.  Burdett, 
James  liiirley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Samuel  A.  Coffman, 
Robert  Y.  Conrad, 
James  11.  Couch, 
James  H.  Cox, 
John  Critcher, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dor  man, 
William  11.  Dulany, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


Messrs.  James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Motictt, 
Samuel  JMcD.  Moore, 
Hugh  M.  Nelson, 
Spicer  Patrick, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
•Tohn  M.  Speed, 
Burwoll  Spurlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  White, 
Williams  C.  Wickham, 
W.  T.  Willey— 71. 


The  names  of  those  who  voted  in  the  negative  are- 
Messrs.  Edw'd  M.  Armstrong,  Messrs.  Lewis  D.  Lsbell 
George  Blow,  Jr.  "   '  -        ' 

James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Frederick  M.  Cabell, 
William  P.  Cecil, 


10 


John  R.  Chambliss, 
Manilius  Chapman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 


Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
James  B.  Mallory, 
John  Q.  Marr, 
Robert  L,  Montague, 
Edmund  T.  IMorris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Randol])h, 
George  W.  Richardson, 
John  T.  Seawcli, 
James  W.  Sheffey, 


74 


JOURXAL    OF    THE    COVEXTIOjVT. 


Messrs.  William  L.  Goggin^ 
John  Goode,  Jr. 
Thomas  F.  Goodej 
F.  L.  Hale, 
Cyrns  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombej 
Eppa  Huntoii, 


Messrs.  James  M.  Strange^ 
John  T.  Thornton^ 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods — 50. 


The  resolution  as  amended  was  then  adopted. 

The  resolutions  submitted  by  Mr.  Moore,  on  Monday  last, 
being  the  unfinished  business,  were  taken  up,  and  pending  their 
further  consideration. 

On  motion  of  Mr.  Hall,  of  Marion,  the  Convention  ad- 
journed. 


Saturday,  March  2,  18G1. 

The  Convention  assembled  at  12  o'clock,  M. 
Prayer  by  the  Rev.  Dr.  Burrows,  of  the  Baptist  Church. 
Mr.  Turner,  of  Jackson,  submitted  the  following  resolutions, 
which,  on  his  motion,  were  laid  upon  the  table: 

1.  Resolfcd,  That  it  is  expedient  and  proper  that  the  23d  section  of  the  4th 
article  of  the  Constitution  of  this  State  shall  be  so  modi.fied,  that  slaves,  like 
otlicr  property,  shall  be  taxed  without  exemption,  and  according  to  value,  and 
tliat  no  exemption  of  any  property  from  taxation  shall  be  had  without  the  vote 
of  a  majority  of  all  the  members  elected  to  each  house  of  the  General  Assembly. 

2.  Jicsolved,  That  a  committee,  to  consist  of  thirteen  members,  to  be  selected 
from  the  cliflcrent  sections  of  the  State,  be  appointed,  who  shall  report  to  this 
Convention  such  amendments  to  the  Constitution  of  the  State  as  will  effect  the 
object  indicated  in  tlie  foregoing  resolution. 

Mr.  WicKHAM  submitted  the  following  resolution: 

Bcaclvcd,  That  a  committee  of  five  be  appointed  by  the  President  of  the  Con- 
vention to  whom  shall  be  referred  the  contract  between  the  said  President  and 
the  proprietors  of  the  Richmond  Knquirer  in  regard  to  the  publication  of  the  de- 
bates of  the  Convention.  The  said  committee  shall  have  power  to  send  for  per- 
sons and  papers,  and  shall  make  report  to  this  Convention. 

Mr.  Fisher  moved  to  lay  the  resolution  on  the  table,  and  the 
question  being  put,  was  decided  in  the  negative — yeas  30,  nays 
62. 


JOURNAL    OF   THE    CONVENTIOI^'. 


15 


On  motion  of  Mr.  Burdett,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are- 


Messrs.  James  Boissean, 

John  R.  Chambh'ss, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Wilham  W.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.Hall, 
LeAvis  E.  Harvie, 
Eppa  Hunton, 
Lewis  D.  Isbell, 


Messrs.  Robert  C.  Kent, 
John  J.  Kindred, 
John  Q.  Marr, 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Jeremiah  JMorton, 
William  J.  Neblett, 
George  W.  Randolph, 
George  W.  Richardson, 
James  W.  ShcfFey, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Benjamin  Wilson— 30. 


The  names  of  those  who  voted  in  tlie  negative  are- 


Messrs.  William  B.  Aston, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
Wood  Bouldin, 
Thomas  Branch, 
John  S.  Burdett, 
James  Burley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
John  A.  Carter, 
James  H.  Couch, 
James  H.  Cox, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
William  L.  Goggin, 
Addison  Hall, 
Cyrus  Hall, 
E.  B.  Hall, 
Alpheus  F.  Haymond, 


Messrs.  John  R.  Kilby, 
James  Lawson, 
James  C.  McGrew, 
Paul  McNeil, 
James  B.  Mai  lory, 
J^mes  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Ma?lin, 
Henry  H.  Masters, 
Hugli  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
John  M.  Speed, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
•  Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 


Y6  JOURNAL    OF   THE    CONVENTION. 

Messrs.  James  W.  Hoge,  Messrs.  George  P.  Tayloe, 
Chester  D.  Hubbard^  William  White, 

George  W.  Hull,"  Williams  C.  Wickham, 

John  J.  Jackson,  Samuel  Woods, 

Marmaduke  Johnson,  Benj'n  F.  Wysor — 62. 

Mr.  Haymond  presented  depositions,  papers,  etc.,  connected 
with  the  contested  election  from  the  County  of  Lee,  which,  on 
his  motion,  were  ordered  to  be  referred  to  the  Committee  of 
Elections, 

Mr.  GooDE,  of  Bedford,  submitted  the  following  preamble  and 
resolution,  which  were  ordered  to  be  referred  to  the  Committee 
on  Federal  Relations: 

Whereas,  the  people  of  Virginia,  in  Convention  assembled,  did  declare  and 
make  known,  when  they  assented  to  and  ratified  the  Constitution  of  the  United 
States,  on  the  25th  of  June,  1788,  that  the  powers  granted  under  the  said  Consti- 
tution might  be  resumed  whenever  the  same  should  be  perverted  to  their  injury 
or  oppression;  and  whereas,  the  said  powers  have  been  perverted  to  tlie  injury 
and  oppression  of  the  people  of  Virginia;  and  whereas,  the  very  moderate  and 
reasonable  demands,  known  as  the  Crittenden  propositions,  vvith|certain  essential 
modifications,  which  were  presented  by  the  General  Assembly  of  this  Common- 
wealth as  a.  final  ellbrt  to  restore  the  integrity  of  the  Union,  have  been  delibe- 
rately rejected  by  our  Northern  confederates, 

Resolved,  That  every  consideration  of  duty,  interest,  honor  and  patriotism  re- 
quires that  an  Ordinance  should  now  be  adopted  by  this  Convention,  and  submit- 
ted to  the  people  for  ratification,  by  which  Virginia  shall  resume  all  the  powers 
delegated  hy  her  to  the  Federal  Government,  and  declare  her  connexion  with 
that  Government  dissolved. 

Mr.  Fisher  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  \o  the  Committee  on  Federal  Relations : 

1.  Resolved,  That,  in  the  opinion  of  this  Convention,  any  attempt  on  the  part 
of  tiie  Federal  Government  to  collect  revenue  on  goods  in  transit  to  any  port  or 
ports  in  any  of  the  Slates  which  have  wiilidrawn  from  the  Confederacy  of  the 
United  States  of  America,  or  any  attempt  to  take  the  lorts,  arsenals,  dock  yards, 
or  munitions  of  war  in  possession  of  any  of  the  said  States  that  have  withdrawn 
from  the  Federal  Union,  would  be  the  initiation  of  civil  war,  and  that  this  Com- 
monwealth will  not  be  an  indifferent  spectator  in  such  war,  but  will  take  part  in 
tlie  same  to  the  full  extent  of  her  military  ability  in  behalf  of  her  Southern 
slaveholding  sisters  that  have  seceded  from  the  Federal  Union. 

2.  Resolved,  further,  in  the  cplnicn  (f  this  Convention ,  That  it  is  the  duty  of  the 
Federal  Government ,  at  the  earliest  practicable  moment,  to  enter  into  negotiation 
with  tlie  authorities  of  the  Southern  Confederacy  for  the  transfer  of  Fort  Sump- 
ter  and  Fort  Pickens  to  said  Confederacy,  and  for  an  equitable  division  of  tlie 
public  property  and  public  burdens  of  the  United  States  of  America,  at  the  time 
of  the  withdraw;:!  of  the  States  of  the  said  Southern  Confederacy  from  the 
union  between  them. 

The  resolutions  submitted  on  Monday  last,  by  jMr.  Moore, 
being  the  unfinished  business,  were  taken  up,  and  pending  their 
further  jconsideration, 

On  motion  of  Mr.  Tredway,  the  Convention  adjourned. 


JOURNAL    OF   THE   CONVENTION.  77 


Monday,  March  A,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 
Prayer  by  the  Rev.  Dr.  Read,  of  the  Presbyterian  Church. 
Mr.  Brown  submitted  the  following  resolution,  which,  on  his 
motion,  was  laid  upon  the  table: 

Resolved,  That  the  Hon.  Robert  M.  T.  Hunter  and  the  Hon.  James  M.  Mason 
failed  to  reflect  the  opinions  and  wishes  of  the  people  of  Virginia  in  their  recent 
opposition  in  the  Senate  of  the  United  States,  to  a  reference  of  the  report  of  the 
Peace  Conference  to  the  consideration  of  the  States  of  this  Confederacy,  with  a 
view  of  having  the  amendments  proposed  in  said  report  adopted,  as  part  of  the 
Constitution  of  the  United  States. 

Mr.  Chambliss  submitted  the  following  preamble  and  resolu- 
tions, which  were  ordered  to  be  referred  to  the  Committee  on 
Federal  Relations : 

Whereas,  in  the  controversies  with  the  mother  coimtry,  growing  out  of  the  ef- 
forts of  the  latter  to  tax  the  colonies  without  their  consent,  it  was  Virginia,  who 
by  the  resolutions  against  the  stamp  act,  gave  the  example  of  the  first  auliiorita- 
tive  resistance,  by  a  legislative  hoiiy,  to  the  British  government,  and  so  imparted 
the  first  impulse  to  the  revolution. 

Virginia  declared  her  independence  before  any  of  the  colonies,  and  gave  the 
first  written  constitution  to  mankind. 

By  her  instructions  her  representatives  in  the  general  congress  introduced  a 
resolution  to  declare  the  colonies  independent  States;  and  the  declaration  itself 
was  written  by  one  of  her  sons. 

She  furnislicd  to  the  confederate  States  the  father  of  his  country,  under  whose 
guidance  independence  was  achieved,  and  the  rights  and  liberties  of  each  State, 
it  was  hoped,  perpetually  established. 

She  stood  undismayed  through  the  long  night  of  the  revolution,  breasting  the 
storm  of  war,  and  pouring  out  the  blood  of  her  sons  like  water  on  almost  every 
battle  field,  from  the  ramparts  of  Quebec  to  the  sands  of  Georgia. 

By  her  own  unaided  cfibrts  the  Northwestern  territory  was  conquered,  whereby 
the  Mississippi,  instead  of  the  Ohio  river,  was  recognized  as  the  boundary  of  the 
United  States,  by  the  treaty  of  peace. 

To  secure  harmony,  and  as  an  evidence  of  her  estimate  of  the  value  of  the 
union  of  the  States,  she  ceded  to  all,  for  their  common  benefit,  this  magnificent 
region — an  empire  in  itself. 

Wiien  the  articles  of  confederation  were  shown  to  be  inadequate  to  secure 
peace  and  tranquility  at  home  and  respect  abroad,  Virginia  first  moved  to  bring 
about  a  more  perfect  miion. 

At  her  instance  the  first  assemblage  of  commissioners  took  ^Jace  at  Annapo- 
lis, which  ultimately  led  to  the  meeting  of  the  convention  which  formed  the  pre- 
sent Constitution. 

This  instrument  itself  was  in  a  great  measure  the  production  of  one  of  her 
sons,  who  has  been  justly  styled  the  Father  of  the  Constitution. 

The  government  created  by  it  was  put  into  operation  with  her  Washington,  the 
Father  of  his  country,  at  its  head — her  Jefferson,  the  author  of  the  declaration 
of  independence,  in  his  cabinet — her  Madison,  the  great  advocate  of  the  Consti- 
tution, in  the  legislative  hall. 

Under  the  leading  of  Virginia  statesmen  the  revolution  of  1798  was  brought 
about;  Louisiana  was  acquired;  and  the  second  war  of  independence  was  waged. 

Throughout  the  whole  progress  of  the  republic  she  has  never  infringed  on  the 
rights  of  any  State,  or  asked,  or  received  an  exclusive  benefit. 

On  the  contrary,  she  has  l)een  the  first  to  vindicate  the  equality  of  all  the 
States,  the  smallest  as  well  as  the  greatest. 


T8  JOURNAL  OF  THE  CONVENTION. 

Bui  claiming  no  exclusive  benefit  for  her  efforts  and  sacrifices  in  the  common 
cause,  she  had  a  right  to  look  for  feelings  of  fraternity  and  kindness  for  her  citi- 
zens, from  the  citizens  of  other  States,  and  equality  of  rights  for  her  citizens, 
with  all  others;  that  those  for  whom  she  had  done  so  much,  would  abstain  from 
actual  aggressions  upon  her  soil,  or  if  they  could  not  be  prevented,  would  show 
themselves  ready  and  prompt  in  punishing  the  aggressors;  and  that  the  common 
government;  to  the  promotion  of  which  she  contributed  so  largely  for  the  pur- 
pose of  "establishing  justice  and  insuring  domestic  tranquillity,"  would  not, 
whilst  the  forms  of  the  Constitution  were  observed,  be  so  perverted  in  spirit  as 
to  inflict  wrong  and  injustice,  and  produce  universal  iiisecurity. 

These  reasonable  expectations  have  been  grievously  disappointed. 

Owing  to  a  spirit  of  pharasaical  fanaticism  prevailing  in  the  North  in  reference 
to  the  institution  of  slavery,  incited  by  foreign  emissaries,  and  fostered  by  cor- 
rupt political  demagogues  in  search  of  power  and  place,  a  feeling  has  been 
aroused  between  the  people  of  the  two  sections  of  what  was  once  a  common 
country,  which  of  itself  would  almost  preclude  the  administration  of  a  united 
government  in  harmony. 

For  the  kindly  feelings  of  a  kindred  people,  we  find  substituted  distrust,  suspi- 
cion and  mutual  aversion. 

For  a  common  pride  in  the  name  of  American,  we  find  one  section  even  in 
foreign  lands  pursuing  the  other  with  revilings  and  reproach. 

For  the  religion  of  a  Divine  Redeemer  of  all,  we  find  a  religion  of  hate  against 
a  part. 

And  in  all  the  private  relations  of  life,  instead  of  fraternal  regard,  a  "con- 
suming hate,"  which  has  but  seldom  characterized  warring  nations. 

This  feeling  has  prompted  a  hostile  incursion  upon  our  own  soil,  and  an  apo- 
theosis of  the  murderers,  who  were  justly  condemned  and  executed. 

It  has  shown  itself  in  the  legislative  halls,  by  the  passage  of  laws  to  obstruct 
a  law  of  Congress,  passed  in  pursuance  of  a  plain  provision  of  the  Constitution. 

It  has  been  manifested  by  the  industrious  circulation  of  incendiary  publica- 
tions, sanctioned  by  leading  men,  occupying  the  highest  stations  in  the  gift  of  the 
people,  to  produce  discord  and  division  in  our  midst,  and  incite  to  midnight  mur- 
der, and  every  Imaginable  atrocity  against  an  unoffending  community. 

It  has  displayed  itself  in  a  persistent  denial  of  the  equal  rights  of  the  citizens 
of  each  State  to  settle  with  iheir  property  in  the  common  territory  acquired  by 
the  blood  and  treasure  of  all. 

It  is  shown  in  their  openly  avowed  determination  to  circumscribe  the  institu- 
tion of  slavery  within  the  territory  of  the  States  now  recognizing  it,  the  inevita- 
ble efiect  of  wliich  would  be  to  fill  the  present  slaveholding  States  with  an  ever 
increasing  negro  population,  resulting  in  the  banishment  of  our  own  non-slave- 
holding  population  in  the  first  instance,  and  the  eventual  surrender  of  our  coun- 
try to  a  barbarous  race,  or  what  seems  to  be  desired,  an  amalgamation  with  the 
African. 

And  it  has  at  last  culminated  in  the  election,  by  a  sectional  majority  of  the 
free  States  alone,  to  the  first  office  in  the  republic,  of  the  author  of  the  senti- 
ment, that  there  is  an  "irrepressible  conflict"  between  free  and  slave  labor,  and 
that  there  must  be  universal  freedom  or  universal  slavery — a  sentiment  which 
inculcates,  as  a  necessity  of  our  situation,  warfare  between  the  two  sections  of 
our  country,  wimout  cessation  or  intermission,  until  the  m  eaker  is  reduced  to 
subjection. 

In  view  of  this  state  of  things,  we  are  not  inclined  to  rebuke  or  censure  the 
people  of  any  of  our  sister  States  in  the  South,  suffering  from  injury,  goaded  by 
insults,  and  threatened  with  such  outrages  and  wrongs,  for  their  bold  determina- 
tion to  relieve  themselves  from  injustice  and  oppression,  by  resorting  to  their 
ultimate  and  sovereign  right  to  dissolve  the  compact  which  they  had  formed,  and 
to  provide  new  guards  for  their  future  security. 

Nor  have  we  any  doubt  of  the  right  of  any  State,  there  being  no  common  um- 
pire between  coequal  sovereign  States,  to  judge  for  itself,  on  its  own  responsi- 
bility, as  to  the  mode  and  measure  of  redress. 

The  States,  each  for  itself,  exercise  this  sovereign  power  when  they  dissolved 
their  connection  with  the  British  empire. 

They  exercised  the  same  power  when  nine  of  the  States  seceded  from  the  con- 


JOUEXAL  OF  THE  CONVENTION.  79 

federation,  and  adopted  the  present  Constitution,  though  two  States  at  first  re- 
jected it. 

The  articles  of  confederation  stipulated  that  those  articles  should  be  inviolably 
observed  by  every  State,  and  that  the  Union  should  be  perpetual,  and  that  no  al- 
teration should  be  made,  unless  agreed  to  by  Congress,  and  confirmed  by  every 
State. 

Notwithstanding  this  solemn  compact,  a  portion  of  the  States  did,  without  the 
consent  of  the  others,  form  a  new  compact;  and  there  is  nothing  to  show,  or  by 
which  it  can  be  shown,  that  this  right  has  been,  or  can  be  diminished,  so  long  as 
the  States  continue  sovereign. 

The  confederation  was  assented  to  by  the  legislature  for  each  State. 

The  Constitution,  by  the  people  of  each  State,  for  such  State  alone. 

One  is  as  binding  as  tlie  other,  and  no  more  so. 

The  constitution,  it  is  true,  established  a  government,  and  it  operates  directly 
on  the  individual — the  confederation  was  a  league  operatirg  primarily  on  the 
States.  J5ut  each  was  adopted  by  the  State  for  itself— in  the  one  case,  bv  the 
Legislature,  acting  for  the  State— in  the  other,  "  by  the  people,  not  as  individuals 
composing  one  nation,  but  as  composing  the  distinct  and  independent  States  to 
which  they  respectively  belong." 

The  foundation,  therefore,  on  which  it  was  established,  was  federal,  and  Ihe 
State,  in  the  exercise  of  the  same  sovereign  authority  by  which  she  ratified  for 
herself,  may  for  herself  abrogate  and  annul. 

The  operation  of  its  powers,  whilst  thb  State  remains  in  the  confederacy,  is 
national;  and  consequently,  a  State  remaining  in  the  confederacy  and  enjoying 
its  benefits,  cannot,  by  any  mode  of  procedure,  withdraw  its  citizens  from  the 
obligation  to  obey  the  Constitution,  and  the  laws  passed  in  pursuance  thereof.      . 

But  when  a  State  does  secede,  the  Constitution  and  laws  of  the  United  States 
cease  to  operate  therein.  No  power  is  conferred  on  Congress  to  enforce  them. 
Such  authority  was  denied  to  the  Congress,  in  the  Convention  which  framed  the 
Constitution,  because  it  would  be  an  act  of  war  of  nation  against  nation— not  the 
exercise  of  the  legitimate  power  of  a  government  to  enforce  its  laws  on  those 
subject  to  its  jurisdiction.  • 

The  assumption  of  such  a  power  would  be  the  assertion  of  a  prerogative 
claimed  by  the  British  government,  to  legislate  for  the  colonics  in  all  eases  what- 
ever. It  would  constitute  of  itself  a  dangerous  attack  on  the  rights  of  the  States, 
and  should  be  promptly  repelled. 

These  principles,  resulting  from  the  nature  of  our  system  of  confederate 
States,  cannot  admit  of  question  in  Virginia. 

Our  people  in  Convention,  by  thier  act  of  ratification,  declared  and  made 
known  that  the  powers  granted  under  the  Constitution,  being  derived  from  the 
psople  of  tiie  United  States,  may  be  resumed  by  them  whenever  they  shall  be 
perverted  to  their  injury  and  oppression. 

From  what  people  were  these  powers  derived  .'  Confessedly,  from  the  people 
of  each  State  acting  for  themselves.  By  whom  were  they  to  be  resumed  or  taken 
back?  By  the  people  of  tiie  State  Avho  were  then  granting  them  away.  Who 
were  to  determine  whether  the  powers  granted  had  "been  perverted  to  their  in- 
jury or  oppression?  Not  the  whole  people  of  the  United  States,  for  there  could 
be  no  oppression  of  the  wliole  with  their  own  consent;  and  it  could  not  have  en- 
tered into  the  conception  of  the  Convention  that  the  powers  granted  could  not  be 
resumed  until  the  oppressor  himself  united  in  such  resumption. 

They  asserted  the  right  to  resume,  in  order  to  guard  the  people  of  Virginia,  for 
whom  alone  the  Convention  could  act,  against  tlie  oppression  of  an  irresponsible 
and  sectional  majority— the  worst  form  of  oppression  with  which  an  angry  Provi- 
dence has  ever  aHlicted  humanity. 

Whilst,  therefore,  we  regret  that  any  State  should,  in  a  matter  of  common 
grievance,  have  determined  to  act  for  lierself,  without  consulting  with  her  sister 
States  equally  aggrieved,  we  are  nevertheless  constrained  to  say  that  the  occasion 
justifies  and  loudly  calls  for  action  of  some  kind. 

The  election  of  a  President,  by  a  sectional  majority,  as  the  representative  of 
the  principles  referred  to,  clothed  with  the  jiatronage  and  power  incident  to  the 
ol!iee,  including  the  autliority  to  appoint  all  the  postmasters  and  other  officers 
charged  with  the  execution  of  the  laws  of  the  United  States,  is  itself  a  standing 
menace  to  the  South — a  direct  assault  upon  her  institutions — an  incentive  to  rob- 


80  JOURNAL   OF   THE   CONVEKTIOK. 

bery  and  insurrection — requiring  from  our  own  imraediate  local  government,  in 
its  sovereign  character,  prompt  action  to  obtain  additional  guarantees  for  equal- 
ity and  security  in  the  Union,  or  to  take  measures  for  protection  and  security 
without  it. 

And  the  Conference  lately  held  in  Washington  City  having  failed  to  accom- 
plish, to  the  satisfaction  of  this  Convention,  the  objects  of  its  mission: 

Therefore,  this  Convention  declares — 

1st.  That  the  compromise  agreed  upon  by  the  majority  of  the  Conference  at 
Washington  fails  to  give  assurance  of  that  equitable,  satisfactory,  just  and  final 
settlement  of  the  slavery  controversy  which  the  slaveholding  States  have  the 
right  to  demand. 

2d.  That  the  dignity  and  honor  of  Virginia  forbid  that  she  should  offer  any 
other  propositions  for  adjusting  the  pending  difficulties  between  the  North  and 
the  South. 

3d.  That  the  time  has  come  when  Virginia  should  resume  her  sovereignty, 
withdraw  from  the  Federal  Compact,  and  adopt,  in  concert  with  the  other 
Southern  States,  or  alone,  such  measures  as  may  seem  most  expedient  to  protect 
the  rights  and  insure  the  safety  of  her  citizens. 

Mr.  Mallory,  of  Brunswick,  submitted  the  following  resolu- 
tion, which  was  ordered  to  be  referred  to  the  Committee  on  Fe- 
deral Relations: 

Resolved,  That  the  States  of  Virginia,  North  Carolina,  Tennessee,  Kentucky, 
•Missouri,  Maryland  and  Delaware,  ought  to  meet  in  convention,  with  a  view  to 
concerted  and  united  action,  to  determine  where  they  will  go — whether  with  the 
North  or  the  South — or  whether  they  will  establish  a  central  confederacy. 

The  President  announced  the  following  committee,  in  ac- 
cordance with  the  resolution  submitted  by  Mr.  Wickham,  on 
Saturday,  the  2d  inst. :  Messrs.  Wickham,  Richardson,  Hughes, 
Staples  and  Dent. 

Mr.  GooDE,  of  Bedford,  submitted  the  following  resolution: 

Rf.sohed,  That  ten  thousand  copies  of  the  addresses  delivered  before  this  body, 
by  the  Hon.  Fulton  Anderson,  Commissioner  from  Mississippi,  the  Hon.  Henry 
L.  Benning,  Commissioner  from  Georgia,  and  the  Hon.  John  S.  Preston,  Com- 
missioner from  South  Carolina  be  printed  and  distributed  equally  among  the 
membei's  of  this  Convention  for  circulation  among  the  people  of  this  State. 

Mr.  Hall,  of  Marion,  moved  to  lay  the  resolution  upon  the 
table;  and  the  question  being  put,  was  decided  in  the  affirma- 
tive— yeas  65,  nays  43. 

On  motion  of  Mr.  Goode,  of  Bedford,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  Janney,  (Finest.)  Messrs.  John  R.  Kilby, 

William  B.  Aston,  John  F.  Lewis, 

John  B,  Baldwin,  William  McComas, 

Alfred  M.  Barbour,  James  C.  McGrew, 

George  Baylor,  James  B .  Mallory, 

George  W.  Berlin^  James  Marshall, 

Caleb  Boggess,  Thomas  Maslin, 


JOUKN'AL    OF    THE    CONVEIS^TION. 


81 


3Ies?rs.  Thomas  Branch, 

William  G.  Brown, 
John  S.  Burdett, 
James  Bnrley, 
Allen  T.  Caperton, 
John  S.  Carlilc, 
John  A.  Carter, 
Samuel  A.  Coffman, 
C.  B.  Conlbd, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Earl}^, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
James  W.  Hogc, 
Chester  I).  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 


Messrs.  Henr^^  H.  ^Masters, 
Horatio  G.  MolTett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Riv^es, 
Peter  Saunders,  Sr. 
John  D.  Sharp, 
Thomas  Sitlington, 
Jiurwell  Spurlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  \V.  Summers. 
Campbell  Tarr, 
George  P.  Tayloe, 
AVilliam  M.  Tredway 
William  White, 
^Vaitman  T.  Willcy, 
Benjamin  Wilson, 
Benj.  P\  Wysor — 65. 


The  names  of  those  who  voted  in  the  ncsfative  are — 


Messrs.  "William  M.  Ambler, 

Edward  M.  Armstrong. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
John  A.  Campbell, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
John  Echols, 
William  W.  Forbes, 
Napoleon  B.  French, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
Cyrus  Hall, 
11 


.Messrs.  Mannaduke  Johnson. 
Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Paul  McNeil, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  iMorton, 
William  J.  Neblett, 
George  W.  Randolph. 
George  W.  Richardson, 
.lames  W.  ShefFey, 
John  ]M.  Speed, 
Samuel  G.  Staples, 
John  T.Thornton, 


82  JOURNAL  OF  THE  CONVENTION. 

Messrs.  Tiewis  E.  Harvie,  Messrs.  Franklin  P.  Turner, 

Alpheus  F.  Haymond,  Williams  C.  Wickham, 

Eppa  Hunton,  Samuel  Woods — 43. 

Lewis  D.  Isbell, 

Subsequendy,  on  motion  of  Mr.  Branch,  the  resolution  was 
taken  up  and  amended  by  striking  out  the  words  ^^ten  thou- 
sand." 

The  question  being  on  filling  the  blank  inj.the  resolution, 

Mr.  MoKTON  moved  that  the  words  "nine  thousand"  be  in- 
serted . 

Mr.  Morris  moved  that  the  words  "five  thousand"  be  in- 
serted. 

Mr.  BRA>-cn  moved  that  the  words  "three  thousand  and 
Ibrty"  be  inserted. 

Mr.  Early  moved  that  the  words  "  the  usual  number  of"  be 
inserted. 

The  motion  submitted  by  Mr.  Branch  was  agreed  to,  and 
the  resolution,  as  amended,  adopted. 

Tiie  resolutions  submitted  by  Mr.  Moore,  on  Monday'last, 
being  the  inifitiished  business,  were  then  taken  up,  and  pending 
their  further  consideration, 

On  motion  of  Mr.  Echols,  the  Convention  adjourned. 


1 


.toi"i;nal  of  the  convention.  83 


'7 

Tuesday,  March  5,  1861. 

The  Cniiventioii  assembled  at  12  o'clock,  M. 

Mr.  Flkmi.\(;  H.  Millkr,  a  delegate  tVoiii  the  counties  of  Bote- 
tourt and  Craig,  aj)peared  and  took  his  seal. 

Prayer  by  the  Rev.  Dr.  Rkad,  of  the  Presbyterian  Church. 

The  resolutions  offered  by  Mr.  Moore,  on  the  25th  nit.,  were 
orden^d  to  be  referred  to  tiie  Committee  on  Federal  Relations. 

Mr.  Cox,  of  Chesterfield,  submitted  the  following  resolution: 

^  Jirsnlrrd,  That  llie  Committee  on  Federal  Relations  be  instrueted  to  report 
witliovit  delay,  a  plan  lor  a  Convention  of  all  the  horder  slave  States  at  the  ear- 
liest practicable  day;  also  to  report  on  tlic  subject  of  coercion  by  the  f^ederal 
Government  of  the  seceded  States. 

Mr.  Leake  moved  to  amend  by  striking  out  all  after  the  word 
"Resolved,"  and  inserting  the  following: 

That  the  Committee  on  Federal  Relations  he  instructed  to  bring  in  an  or- 
dinance settinp;  forth  the  followiiii:  facts  and  determinations  of  Virginia  in  con- 
nection with  the  present  threatening  aspect  of  public  aHairs:  That  as  Virginia 
was  the  foremost  to  make  sacrifices  for  the  Union  under  the  Constitution,  so,  to 
preserve  it,  she  has  practised  the  greatest  self-denials:  never  seeking  or  receiving 
an  exclusive  benefit,  she  has  never  infringed  the  rights  of  any  State  or  section: 
zealous  of  the  integrity  of  the  Constitution,  and  the  equality  of  the  States,  she 
has  lived  up  to  the  obligations  imposed  upon  lier  by  the  Federal  compact  That 
on  the  other  hand,  the  Norllicrn  sei-tion  has  disregarded  many  of  its  obligations, 
and  attempted  to  set  aside  some  of  the  comi)romises  made  between  the  two  great 
sections  of  the  Confederacy,  without  which  no  union  could  ever  have  been 
formed;  hatred  has  bten  substituted  for  that  fraternity  upon  which  these  com- 
promises rested  for  vitality;  and  power  is  claimed  for  a  sectional  majority 
utterly  at  war  with  the  spirit  and  letter  of  the  compact,  and  subversive  of  our 
safety,  our  well-being  and  our  rights.  E(pjality  of  rights  in  the  enjoyment  of  the 
common  property  is  denied  us,  aggressions  are  made  upon  our  soil,  the  powers  of 
a  common  government  are  claimed  as  the  lawful  means  for  our  oppression,  and 
the  hedging  in  our  rights.  All  this  opposition  to  our  civilization,  all  this  hatred 
of  our  domestic  institutions,  and  all  this  enmity  to  our  peace,  ai'e  banded 
together  in  the  formation  and  u|)liolding  of  a  great  sectional  party,  that  lias 
elected  a  President  upon  the  principle  of  avowed  hostility  to  the  institutions  ol 
the  South,  and  upon  the  pledge  to  use  the  powers  of  tlie  Government  for  their 
ultimate  extinguishment,  forgetful  that  the  l^nion  was  formed  for  "  establishing 
ju^tlce  and  ensuring  domestic  tranquility."  These  violations  of  the  integrity  of 
the  compact,  have  given  rise  to  other  great  evils  now  impending  over  us,  which 
menace  the  first  principles,  the  very  foundations  of  free  institutions,  and  which 
threaten  the  overtlirow  of  the  rights  of  sovereign  States.  They  have  given  rise 
to  the  claim  of  right  upon  the  part  of  sovereign  States  in  one  section  to  coerce 
sovereign  Stales  of  another  section  into  a  union  to  wliich  they  will  not  assent,^ 
and  toihe  as-^ertion  of  the  doctrine  tliat  resistance  to  violatioiis  of  the  terms  oi 
our  federal  compact  is  treason  to  the  claims  of  a  sectional  majority;  and  which 
have  led  to  the  armed  occupation  of  the  seat  of  (he  common  (Jovernment  by  an 
armed  force  with  friendly  purposes  towards  the  one  section,  with  hostile  feelings 
towards  the  other;  and  which,  too,  have  led  the  authorities  at  WashingtA)n  to 
make  the  fortresses  of  Virginia  to  frown  upon  her  while  she  was  showing  a  de- 
termination to  exhaust  all  the  resources  of  conciliation  and  compromise.  These 
outrages  of  a  sectional   majoritv  have    broken    the   Constitution,    driven    seven 


84  JOURNAL    OF    THE    CONVENTION. 

Slates  out  of  the  Union,  dissolved  the  Union  of  our  fathers,  and  is  now  substi- 
tuting another  Union  in  its  place.  Virginia  is  no  party  to  any  such  new  Union; 
and  she  demands  a  re-construction  to  secure  her  and  the  whole  South  from  any 
future  outrage.  In  tiiis  re-construction  she  ought  to  stand  with  the  South  in  the 
assertion  of  her  rights,  and  she  ought  to  occupy  no  position  in  connection  witii  the 
Norlh,  in  the  state  of  things  brought  about  by  Northern  aggressions,  which  would 
cripple  her  power  for  lier  own  defence,  and  prevent  her  from  aiding  in  maintain- 
ing the  rights  and  the  equality  of  all  the  States.  And  that  the  said  cnnimittLe 
especially  set  forth  the  fact,  that  in  consequence  of  the  secession  of  Soulliern 
States,  and  tiie  hopeless  condition  of  New  England  fiinalicism,  the  blind  hate  of 
Black  Republicanism,  and  the  coercive  policy  indicated  by  the  President  of  a  dis- 
membered Union,  there  is  no  hope  of  an  amendment  of  the  Constitution  tliat  can 
be  satisfactory  to  Virginia,  in  the  constitutional  way,  and  that  the  only  mode,  in  the 
circumstances  which  now  surround  us,  to  secure  any  I'nion  in  which  the  rights  of 
Virginia  would  lie  safe  and  protected,  is  for  Virginia  to  reassume  all  the  powers 
she  delegated  to  the  Federal  Govenunent,  and  to  dechire  her  independence;  and 
then  to  call  into  a  Convention  all  the  slaveholding  Stales,  to  determine  what 
shall  be  the  new  construction  necessary  for  their  rights  and  protection  in  a  Cou- 
fcderaey  of  slave  States  alone,  or  of  the  slave  States  and  such  free  States  as  are 
willing  to  come  into  a  Union  under  this  new  construction,  with  the  slave  States. 

Mr.  IIarvik  moved  to  ainend  the  amendmoiit  by  striking  out 
all  after  tlie  word  "  instructed,"  and  inserting  the  lollowing — "  to 
re})ort  I'ortliwith  the  following:" 

Whereas,  it  is  now  plain  that  it  is  the  purjiose  of  the  Chief  Executive  of  the 
United  States  to  plunge  the  country  into  civil  war  by  u-ing  the  power  "to  hold, 
occupy  and  possess  the  property  and  places  belonging  to  the  government,  and  to 
collect  the  duties  on  imports,'"' in  all  the  States,  as  well  those  that  have  with- 
drawn from  as  those  that  have  remained  in  the  Union;  and  whereas,  the  Slate  of 
Virginia  will  resist  such  exercise  of  power  with  all  her  means;  therefore. 

Be  it  resolved,  Tiiat  the  Legislature  of  the  State  be  ruauested  to  make  all  need- 
ful appropriations  of  means  and  provide  the  necessary  f>>rces  to  resist  and  repel 
any  attempt  on  the  part  of  the  Federal  authorities  to  "hold,  occupy  and  possess 
the  property  and  places"  of  the  United  Slates  in  any  of  the  Stalls  that  have 
withdrawn  or  may  withdraw  from  the  Union,  or  to  collect  the  duties  on  imports," 
in  the  same. 

Pending  the  consideration  of  the  amendment  submitted  by 
Mr.  Hahvie, 

On  motion  of  Mr.  Eahlv,  tlie  Convention  adjourned. 


.IOUi:NAL    OK    lUh:    CONVENTION.  8'> 


Wedxesday,  Marcli  6,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  hy  the  Rev.  Dr.  Hoge,  of  ihe  Presbyterian  Church. 

Mr.  OsKURX  submitted  the  following  preamble  and  resolutions, 
whicii  were  ordered  to  be  referred  to  the  Couniiittee  on  Federal 
Relations: 

Whereas,  the  Government  of  the  United  States  having  been  created  and  esta- 
hlishf'd,  (or  the  purpose  of  forming  a  more  perfect  Union  (than  existed  nnder  the 
articles  of  confederation)  and  adopted  by  all  of  the  original  States,  with  ample 
provisions  for  amendments  to  the  same;  but  without  any  for  its  disintegration; 
Therefore, 

1  Resnlred,  That  a  resort  to  State  secession,  or  a  resumption  of  the  original 
rights  of  the  States  by  an  ordinance  of  secession,  is  not  only  unauthorized  by 
the  letter  and  spirit  of  the  Constitution ;  but  is  contrary  to,  and  subversive  of  the 
fundamental  principles  upon  whicli  it  was  founded;  wholly  at  variance  with  the 
Jegitimate  objects  of  its  creation,  and  can  only  be  justified  as  a  revolutionary 
means  of  obtainm^  redress,  when  every  peaceable,  honorable  and  constitutiona- 
ble  expedient  has  been  exhausted  and  failed. 

2.  Itesolved,  That  an  ordinance  of  secession  cannot  restore  to  the  seceding 
State  its  oricjinal  sovereigtily,  unlil  its  secession  has  been  assented  to  by  a  con- 
vention of  the  remaining  States,  called  for  the  purpose  thereof. 

3.  Res^olved,  That  with  a  ^  iew  of  preserving  peace  and  to  prevent  the  collision 
of  arms  and  effusion  of  blood,  it  would  be  both  politic  and  wise  to  waive  the  tm- 
quesdonable  right  on  the  part  of  the  General  Government  to  collect  the  revenue, 
Sind  protect  \hc  pithlic  prnperhj  w\lh\n  the  limits  of  the  seceding  State,  or  Estates, 
during  the  adjustment  of  the  pending  diflliculties,  holding  them  severally  respon- 
sible for  the  safety  of  the  same,  and  to  either  repeal  or  suspend  the  laws  of  the 
Federal  Government  therein  until  their  independence  may  be  assented  to  and 
their  rights  duly  acknowledged. 

4.  lie$nh-ed,  That  the  preservation  of  this  Government  cannot  be  maintained 
by  force  or  coercion:  that,  therefore,  this  Convention  earnestly  recommends  to 
both  the  Federal  Government,  and  the  Government  of  the  seceded  States,  to 
carefully  abstain  from  any  aggressive  measures  or  policy  towards  the  other. 

Mr.  GoGGix  submitted  the  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations : 

1.  Rewlved,  That  any  attempt  on  the  part  of  the  General  Government  to  use 
coercive  measures  for  the  collection  of  revenue  from  imports  at  or  near  any  of 
the  ports  within  the  States  whicli  have  seceded,  will  be  regarded  by  Virginia  as 
furnishing  just  cause  of  apprehension  of  danger  to  the  whole  South,  Virginia 
inclusive. 

2.  Resolved,  That  in  the  event  aforesaid,  Virginia  however  sincere  may  be  her 
attachment  to  the  Union  as  it  was,  will  deem  it  her  duty  to  aid  in  repelling  any 
such  attempt. 

3.  Resoli^ed,  That  in  the  hope  of  restoring  harmony  to  all  parts  of  the  Union, 
and  before  determining  to  secede  from  it,  but  especially  in  order  to  secure  the 
cooperation  of  the  Border  Slave  Stales  in  any  course  she  may  pursue,  the 
State  of  Virginia  earnestly  requests  the  speedy  cooperation  of  the  said  States  in 
effecting  with  her  a  plan  by  which  she,  with  all  the  said  States,  may  unite  them- 
selves with  the  Confederate  States  of  the  South. 

4  Resolved,  That  in  the  formation  of  such  a  Union,  Virginia  would  have  a  due 
regard  to  all  the  States,  and  that  in  such   Union  she  should  still  cherish  the  hope 


8G  JOURNAL    OF    THE    CONVENTION. 

of  reforming  '*the  United  States  of  America,"  upon  the  basis  of  the  present 
Constitution  so  modified  as  to  protect  the  rights  of  persons,  property,  and  terri- 
tory in  all  time. 

5.  Resohed,  That  all  fortified  or  other  places  in  Virginia  now,  belonging  to  the 
General  Govcinment,  in  the  event  of  the  separation  of  said  State  Irom  the 
Union,  may  and  ought  to  be  resumed  by  her  ;is  necessary  for  the  defence  of  her 
c  itizens  and  their  property  in  particular  "  localities,"  a^  well  as  for  purposes  of 
general  defence. 

6.  Resolved,  That  while  Virginia  maintains  this  position,  and  while  she  yet  re- 
mains a  member  of  the  Union,  during  her  deliberations,  she  will  assume  no  hos- 
tile attitude  to  the  General  Govertimenl,  but  will  be  prepared  at  all  times  to 
repel  any  assaults  which  may  be  made  upon  her. 

Mr.  Gkant  submitted  tlie  following  resolutions,  which  were 
ordered  to  be  referred  to  the  Committee  on  Federal  llelaiions: 

1.  Resolved,  That  we  the  people  of  Virginia,  in  Convention  assembled,  deeply 
regret  the  condition  in  which  our  country  is  placed,  imperiling  as  it  docs,  the 
peace,  pro-perity  and  perpetuity  of  one  of  tlie  noblest  governments  ever  adopted 
by  man. 

2.  Resolved,  That  Virginia  has  ever  been  inclined  to  a  peaceful  and  amicable 
adjustment  of  the  difliculties  that  have  so  long  ni«nacrd  and  threatened  the  de- 
struction of  our  institutions,  and  has  ever  exerted  her  power  and  influence  to  that 
end.  But  notwithstanding  all  her  efforts,  the  future  is  still  dark  and  portentous, 
scarcely  a  ray  of  hope  illumines  it. 

3.  Resolved,  That  from  llie  tone  and  temper  of  the  Inaugural  Address  of  the  re- 
cently inaugurated  President,  (.\braham  Lincoln)  that  he,  in  that  address,  de- 
clares his  right  to  coerce  the  seceded  States,  ar.d  makes  it  a  matter  of  policy, 
subject  only  to  his  discretion,  whether  he  will  attempt  it  or  not. 

4.  Resolved,  That  we,  the  people  of  Virginia,  in  Convention  assembled,  in  the 
event  that  any  attempt  is  made  to  coerce  any  of  our  sister  States  of  the  South, 
that  Virginia  will  not  submit  to  any  such  attempt,  but  will  make  common  cause 
with  tliem,  and  resist  coercion  with  all  her  power,  to  the  last  extremity. 

5.  Resulred,  That  the  honor,  institutions,  and  interests  of  Virginia  are  closely 
allied  and  identified  with  those  of  all  the  Southern  States;  but  more  directly  at 
this  time  with  the  border  slave  Stales,  and  in  view  of  effecting  united  action  on 
the  part  of  said  States,  and  of  ultimate  union  of  the  whole  South;  we  the  people 
of  X'irginia,  through  our  representatives  in  Convention  assembled,  doth  earnestly 
request  the  States  of  Delaware,  Maryland,  North  Carolina,  Teimessec,  Kentucky, 
Missouri,  and  Arkansas,  to  meet  the  Commissioners  which  shall  be  appointed  by 
Virginia,  in  the  city  of  Knoxville,  by  the  day  of  to  advise 
and  consult  what  is  best  to  be  done  under  existing  circumstances,  and  let  the  re- 
sult of  their  deliberations  be  referred,  for  ratification,  either  to  Conventions  of 
the  several  States,  or  the  Legislatures  thereof;  and  that  this  Convention  proceed 
to  appoint  Commissioners  on  the  part  of  Virginia,  and  take  the  necessary  steps  to 
secure  the  cooperation  of  the  aforesaid  States  in  the  proposed  Conference. 

Mr.  Havmond  presented  a  supplementary  report  from  the 
Committee  of  Elections,  concerning  the  vote  on  the  qnestion  of 
referring  the  action  of  the  Convention,  &c.,  to  the  people. — [Doc. 
No.  IX.] 

Mr.  The D WAY  presented  a  report  from  the  Committee  ap- 
pointed under  the  resolution  adopted  on  the  23d  ult.,  '^  to  inquire 
Mdiether  any  movement  of  arms  or  men  has  been  made  by  the 
General  Government  to  any  fovt  or  arsenal  in  or  bordering  upon 
Virginia,"  (fcc;  and  moved  that  the  report  and  accompanying 
letter,  from  the  Secretary  of  War,  be  laid  upon  the  table,  and 
printed.     [Doc.  No.  X.] 


JOURNAL  OF  THE  CONVENTION.  87 

Mr.  Early  moved  that  ten  thousand  copies  of  the  report  be 
printed  for  distribution;  and  the  question  being  put,  was  decided 
in  the  negative. 

The  motion  submitted  by  ]Mr,  Tredway  was  then  agreed  to. 

The  PuKsiDRXT  pn^sented  a  connnunication  from  the  Execu- 
tive ol'  the  Common weahh,  transmitting  a  report  from  the  Com- 
missioners appointed  to  represent  this  Commonwealtii  in  the 
Conference  which  convened  in  Washington  City,  on  the  4th 
day  of  February,  1801 ;  which,  on  motion  of  Mr.  Summers,  was 
laid  upon  the  table,  and  ordered  to  be  printed.     [Doc.  No.  XL] 

Mr.  SuMMKRS  presented  a  communication  from  the  Hon.  John 
W.  Brockenbrough,  one  of  said  Commissioners,  addressed  to  the 
"Hon.  John  Tyler,  Ex-President  of  the  United  States,  and  the 
Hon.  George  \V.  Summers;"  which,  on  his  motion,  was  laid 
upon  the  table,  and  ordered  to  be  printed.     [Doc.  No.  XH.] 

The  aniendment  submitted  yesterday,  by  Mr.  Harvie,  being 
the  unfinished  business,  was  taken  up,  and  pending  the  further 
consideration  thereof, 

Mr.  Carlile  moved  that  the  Convention  adjourn  until  to- 
morrow, at  12  o'clock;  and  the  question  being  put,  was  decided 
ill  the  affirmative — yeas  73,  nays  42. 

On  motion  of  Mr.  Neblett,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  .Tanney,  ( Prcs't)  Messrs.  Marmaduke  Johnson, 

Wilham  B.  Aston,  Robert  C.  Kent, 

Alfred  M.  Barbour,  John  F.  Lewis, 

George  Bnylor,  James  C.  McGrew, 

George  W.'  Berlin,  Paul  McNeil, 

Caleb  Boggess,  James  Marshall, 

Wood  Bouldin,  John  Q..  MaiT, 

Thomas  Branch,  Henrv  H.  Masters, 

George  W.  Brent,  Horatio  G.  Moffett, 

William  G.  Brown,  Hugh  M.  Nelson, 

John  S.  Burdett,  Johnson  Orrick, 

James  Burley,  William  C  Parks, 

Frederick  M.  Cabell,  Spiccr  Patrick, 

John  A.  Campbell,  Edmund  Pendleton, 

John  S.  Carlile,  George  McC.  Porter, 

C.  B.  Conrad,  David  Pugh, 

James  H.  Couch,  George  W.  Randolph, 

W.  H.  B.  Custis,  Peter  Saunders,  Sr. 

Marshall  M.  Dent,  William  C.  Scott, 

Harvey  Deskins,  John  D.  Sharp, 

James  B.  Dorman,  Thomas  Sidington, 

William  H.  Dulany,  Charles  R.  Slaughter, 


JOURNAL    OF   THE   COVENTION. 


Messrs.  Jubal  A.  Early, 

Thomas  S.  Flournoy, 
William  W.  Forbes^ 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
John  Goode,  Jr. 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
James  P.  Holcombe, 
Chester  1).  Hul)bard, 
John  N.  Hughes, 
George  W.  Hull, 


Messrs.  Burwell  Spurlock, 
Samuel  G,  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tavloe, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
William  White, 
Benjaiiiii)  Wilson, 
Samuel  Woods — 73. 


The  names  of  those  Avho  voted  in  the  negative  are- 


Messrs.  William  M.  Ambler, 
Edward  M.  Armstroiis 
James  Boisseau, 
Peter  B.  15orst, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffinan, 
Raphael  M.  Conn, 
James  H.  Cox, 
Richard  H.  Cox, 
John  Critcher, 
John  Echols, 
Napoleon  B.  French, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
Thomas  F.  Goode, 
Addison  Hall, 


Messrs.  Cyrus  Hall, 
L:  S.  Hall, 
Eppa  Hun  ton, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Thomas  Masljn, 
Charles  K.  Mallory, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Richardson, 
James  W.  Shelley, 
John  M.  Speed, 
James  M.  Strange, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
Robert  H  Whitfield, 
S.  C.W^illiams— 42. 


The  Convention  then  adjourned, 


JOURNAL    OF   THE    CONVENTION. 


89 


1^ 
Thursday,  March  7,  1861. 

The  Convention  assemhlod  at  12  o'clock,  M. 

Prayer  hy  the  Rev.  Dr.  Moore  of  the  Presbyterian  Church. 

Mr.  Brown  submitted  the  following  resohuion: 

Resolved,  That  tlie  President  of  the  Convention  appoint  a  committee  of 
members,  to  be  styled  the  "Committee  on  Finance,"  whose  duty  it  shall  be  to 
take  into  consideration  ail  subjects  to  it  referred  in  relation  to  State  and  county 
taxation. 

Mr.  Echols  moved  to  lay  the  resolution  on  the  table,  and  the 
question  being  put,  was  decided  in  the  affirmative — nays  69, 
nays  41. 

On  motion  of  Mr.  Browx,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Janney,  ( PresU)  Messrs. 
William  M.  Ambler, 
AVilliam  B.  Aston, 
Angus  R.  Blakey, 
.lames  Boisseau, 
-   Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
Frederick  M.  Cabell, 
•John  A.  Campbell, 
William  P.  Cecil, 
.lohn  R.  Chambliss, 
Manilius  Chaptiian, 
Raphael  M.  Conn, 
.Tames  H.  Couch, 
.lames  PI.  Cox, 
Richard  H.  Cox, 
W.  H.  B.  Custis, 
AV'illiam  H.  Dulanv, 
^-  .Fubal  A.  Early, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Samuel  L.  (Traham, 
Robert  E.  Grant, 
„-'  Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 


J.  G.  Holladay, 
Eppa  Hunton, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  Marshall, 
.lohn  Q,.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
.Teremiah  Morton, 
Ilugli  M.  Nelson, 
William  C.  Parks, 
David  Pngh, 
George  W,  Randolph, 
George  W.  Richardson, 
Peter  Saunders,  Sr. 
.lohn  T.  Sea  well, 
Charles  R.  Slaughter, 
.lohn  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Suiherlin, 
George  P.  Tayloe, 
John^T.  Thornton, 


90 


JOURNAL    OF   THE    CONVENTION. 


Messrs.  William  L.  Goggin, 
Thomas  F.  Goode, 
Addison  Hall, 
Allen  C.  Hammond, 
«     James  W".  Hoge, 
James  P.  Holcombe, 


Messrs.  Robert  H,  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
R.  H.  Whitfield— 69. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Ed'd  M.  Armstrong,       Messrs. 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
AVilliam  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
John  S.  Carlile, 
Sanniel  A.  Colfman, 
C.  |}.  Conrad, 
Marshall  M.  IJent, 
Harvy  Deskins, 
Colbert  C.  Fugate, 
H.  ii.  Gillespie, 
Peyton  Gravely, 
Cyrus  Hall, 
E.  B.  Hall, 
L.  S.  Hall, 

Alpheus  F.  Haymond, 
Chester  1).  Hubbard, 


.Tohn  N.  Hughes, 
George  W.  Hull, 
James  Lawson, 
John  F.  Lewis, 
James  C.  McGrew, 
Paul  McNeil, 
Henry  H.  Masters, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
John  D.  Sharp, 
Thomas  Sitlington, 
Chapman  J.  .Stuart, 
Geo-ge  W.  Summers, 
Campbell  Tarr, 
Franklin  P.  Turner, 
Benjamin  Wilson, 
Samuel  Woods — 4L 


Mr.  Nelsox  submitted  the  following  resolution,  which  was 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved  by  the  Convention  of  Firginia,  That  Virginia  disapproves  of,  and  ear- 
nestly protests  against  any  attempt  on  the  part  of  the  Federal  Government  to  re- 
possess itself  of  the  properly  and  places  belonging  to  the  Government,  and  to  col- 
lect the  duties  on  ini[iorts  within  the  limits  of  the  seceding  States. 

Mr.  Hughes  presented  a  report  from  the  Committee  to  '^con- 
fer with  the  Editors  of  the  Richmond  Enquirer,  to  ascertain 
Avhether  the  proceedings  of  the  Convention  could  be  published 
upon  a  separate  sheet,  without  any  other  matter;"  which,  on 
motion,  was  laid  upon  the  table,  and  ordered  to  be  printed. 
[Doc.  No.  XHL] 

The  amendment  submitted  by  Mr.  Harvie  on  Tuesday  last, 
being  the  unfinished  business,  was  taken  up,  and  pending  the 
further  consideration  thereof. 

On  motion  of  Mr.  Bkent,  the  Convention  adjourned. 


JOURNAL    OF    THE    CONVENTION.  91 


Friday,  March  8,  1S61. 

The  Convention  assembled  at  12  o'clock,  M. 
Prayer  by  the  Rev.  Dr.  Mooke,  of  the  Presbyterian  Church. 
Mr.  Eahly  presented  the  following  correspondence,  which 
was  read,  and  at  his  request,  entered  upon  the  Journal: 

RicHMOKB,  March  6,  1861,  ^ 
American  Hotel,  40'.      ^ 

Sir, — After  your  remarks  in  the  Convention  to-day,  in  wiiich  you  undertook  to 
comment  on  wiiat  you  supposed  to  be  my  position  heretofore,  and  the  position 
which  I  had  taken  in  the  remarks  I  had  just  submitted  to  the  Convention,  and 
after  you  had  referred  to  some  Jetters  you  had  received  from  my  county,  indi- 
cating a  change  in  the  sentiments  of  my  constituents — when  1  obtained  the  floor, 
I  made  use  of  tiie  following  remarks,  which  I  repeat  almost  verhalim: 

"The  gentleman  from  Bedford,  whose  impatience  is  so  great,  whose  steam  has 
been  up  so  high,  that  he  has  not  been  content  with  the  opportunities  afforded 
him  on  this  floor  to  let  it  otl",  but  has  taken  one  or  more  occasions  to  let  ofl'  some 
of  it  in  the  streets;  has  thought  proper  to  step  between  my  constituents  and  my- 
self, and  informs  this  Convention  and  the  country  that  he  has  received  letters 
from  my  home,  showing  a  great  chatige  in  the  sentiments  of  my  constituents,  and 
that  they  are  very  impatient  at  the  delay  which  I  have  been  favoring.  Now,  I 
presume  the  gentleman  has  not  undertaken  to  give  this  information  to  the  Con- 
vention and  the  country  unless  he  is  willing  to  give  up  his  authority  for  the  state- 
ment, and  I  call  upon  him  for  it." 

You  asked  at  this  point  if  I  'dished  an  answer  then,  to  which  I  replied  that  I 
did.  In  a  very  excited  manner  you  proceeded  to  comment  on  the  remarks  I  had 
made,  and  said,  as  near  as  I  can  recollect — "  When  the  gentleman  from  Frank- 
lin says  that  I  have  sought  opportunities  to  let  off"  steam  in  the  streets,  he  makes 
a  statement  which  is  utterly  without  foundation,"  or,  "which  has  no  foundalion 
in  fact."  I  do  not  recollect  exactly  the  precise  expression,  but  this  is  the  sub- 
stance. You  coupled  your  remarks  with  the  declaration  that  you  held  yourself 
responsible  to  me  for  what  you  had  said,  either  on  the  floor  or  elsewhere.  This 
renders  it  necessary  for  me  to  enquire  of  you  whether,  in  what  you  did  say,  you 
meant  to  convey  the  idea  that  I  had  stated  a  falsehood  or  been  guilty  of  a  misre- 
presentation ?  I  also  enquire  if  you  intended  the  expression  that  you  held  your- 
self responsible  to  me  on  the  floor  or  elsewhere,  in  an  oSensive  sense? 

Your  ob't  serv't,  J.A.EARLY. 

This  note  will  be  handed  to  you  by  my  friend  Thos.  James  Deane,  Esq. 

J.  A.  EARLY. 

John  Goode,  Jr.,  Esq. 

Exchange  Hotel,  March  7,  18G1. 

Sir, — Your  note  of  yesterday  was  handed  to  me  at  a  late  hour  in  the  afternoon 
by  your  friend,  Thomas  James  Deane,  and  I  take  the  earliest  opportunity  al- 
lowed me  to  reply. 

In  the  remarks  submitted  by  you  to  the  Convention,  on  yesterday,  I  understood 
you  to  say,  in  substance,  ihat  I  had  not  been  content  with  the  opportunities  af- 
forded me  on  that  floor  to  let  off"  steam  (as  you  chose  to  characterize  my  speeches,) 
but  that  I  had  sotighl  opportunities  to  let  it  off'  in  the  streets,  &c.  So  understand- 
ing you,  I  replied  that  such  a  statement  was  wholly  without  foundation  in  fact — 
and  that  I  had  addressed  no  people  in  this  city  until  they  had  sought  me  at  my 
lodgings  and  called  for  me  in  a  manner  which  1  could  not  decline  obeying.  From 
your  remarks,  as  cited  by  you  in  your  note  and  the  report  of  the  same  in  the 
Enquirer,  of  this  morning,  1  find  that  I   misapprehended  your  language,  and  that 


^2  JOURNAL    OF   THE   CONVENIION. 

you  did  not  say,  as  1  then  understood  you  to  say,  tliat  I  liad  "sought  opportuni- 
ties," &c.  1  was  thus  led  to  say,  that  the  statement  made  by  you  (as  1  under- 
stood it)  was  without  foundation 'in  fact.  It  is  but  just  for  me  to  add,  that  I  did 
not  design  to  impute  to  you  fulseliood  or  wilful  misrepresentation,  but  simply  to 
deny  the  truth  of  your  statement,  as  I  understood  it  at  the  time.  My  remark, 
"that  I  hold  myself  rusponsible  for  what  I  say  here  or  elsewhere,"  was  intended 
1o  declare  my  purpo>e  to  vindicate  my  personal  and  representative  rights  when- 
ever, wherever,  however,  and  by  whomsoever  assailed,  and  was  noi  intended  to 
be  ofl'ensive  to  yourself  or  to  any  other  person. 
Your  obedient  servant, 

JOHN  GOODE,  Jr. 
This  note  will  be  handed  you  by  my  friend,  E.  C.  Hurks,  Esq. 

JOHN  (JooDi:,  Jii. 

I\l;ij.  J.  A.  Early. 

Kkh.mond,  March  7,  1861. 

►^"■) — Your  note  of  this  morning  was  lianded  to  me  by  your  friend,  Mr.  K.  C 
Hurks,  immedialely  after  the  adjournment  of  the  Convention  to-day,  and  in  re- 
ply thereto,  I  will  say,  that  understanding  you  to  disclaim  any  intention  on  your 
jiart  to  impute  to  me  falsehood  or  wilful  misrepresentation  in  what  you  said  in 
the  Convention  on  yesterday,  and  also  to  disclaim  any  purpose  of  being  person- 
ally oH'ensive  to  me  in  the  expression  you  used  as  specified  in  my  note  of  yester- 
<lay,  1  have  no  hejiitation  in  declaring  that  1  did  not  intend  to  be  personally  of- 
lensive  to  you  in  the  remarks  1  made  which  led  to  your  response — my  sole  pur- 
pose being  to  indicate  my  sense  of  the  prccipitat)cy  with  which  I  thought  you  were 
disposed  to  act  in  contradistinction  to  the  disposition  to  delay  which  you  imputed 
to  me. 

1  think  I  may  add  that  there  was  nothing  in  our  previous  intercourse,  to  pro- 
duce the  impression  that  1  had  a  dilierent  purpose,  and  I  was  pained  to  perceive 
the  evident  misapprehension  under  Mhieh  you  labored  at  the  time.  1  am  sorry 
to  hear  of  the  indisposition  under  which  you  labor. 

Very  respectfullv,  your  obedient  servant, 

J.  A.  EARLY. 

Joiiv  GooDE,  Jr.,  Esq. 

Mr.  C.vMPBELL  presented  the  proceedings  of  a  meeting  held 
at  Cioodson,  Washington  County,  A'irginia;  which,  on  his  mo- 
tion, \vere  laid  U])on  the  tabic. 

Mr.  Wysor  submitted  the  following  Ordinance,  which,  on  his 
motion,  was  referred  to  the  Committee  on  Federal  Relations: 

An  Ordinance  dissnlr'nig  all  polical  connection  now  existing  betxceen  the  Slate  tf 
Virginia  and  other  States,  composing  the  »1merican  Union,  and  establisliing  the  sepa- 
rate independence  of  the  former: 

We,  the  people  of  the  Stale  of  Virginia  in  Convention  assembled,  having  been 
called  together,  to  consider  the  present  distracted  and  unhappy  relations,  ex- 
isting between  the  slaveholdiiig  and  non-slaveholding  members  of  the  Federal 
I'nion,  and  to  provide  suitable  and  adequate  remedies  for  the  evils  which  flow 
from  those  relations,  do  most  solemnly  declare,  that,  whilst  we  have  always 
kept  and  performed  all  the  covenants  of  the  Constitution  of  the  United  States  on 
our  part,  truly,  fully  and  in  good  faith;  our  non-slaveholding  confederates  have 
not  only  failed  and  refused  to  keep  the  same,  and  still  continue  so  to  refuse:  but 
they  have  palpably  violated  them,  both  in  their  letter  and  spirit,  in  repeated  in- 
stances, wiierein  their  faithful  performance  was  of  the  most  essential  and  vital 
consequence  to  our  peace,  our  safety  and  our  happiness. 

In  proof  of  this,  we  submit  to  the  candid  and  impartial  judgment  of  man- 
kind, the  following  plain  recital  of  facts: 

The  people  of  these  Slates  have,  for  the  last  thirty  years  or  more,  assailed  ne- 
gro slavery — an  institution  recognized  by  the  Constitution  of  the  United  States, 
and  of  vital  importance  to  the  social  and  industrial  systems,  of  this  and  the  other 


JOURNAL    OF    THE    CONVENTION.  93 

Southern  States;  without  scruple  as  to  the  means  or  mode  of  attack;  and  with- 
out regard  to  the  consequences  to  us. 

They  have,  during;  this  whole  period,  abusing  the  great  rights  of  freedom  of 
speech  and  of  the  press,  continued  to  agitate  and  discuss,  this  social  and  do- 
mestic relation  of  ours,  not  llieirs,  on  the  hustings,  in  the  pulpit,  in  the  halls  of 
legislation  of  individual  States,  and  of  Congress— through  the  political  press, 
through  books,  pamphlets,  and  the  drama,  to  our  great  annoyance  and  injury; 
and  against  our  repeated  remonstrances,  and  our  entreaties  that  these  unfriendly 
acts  should  be  forborne.  .  r     •■,- 

They  have  prostituted  the  mail  service  of  the  United  States,  designed  to  lacili- 
tate  fricndlv,  social  and  commercial  correspondence,  to  the  unholy  purpose  of 
distributing'  incendiary  publications  among  our  people,  Ihereby  disturbing  our 
peace,  rendering  our  slaves  discontented  and  unhappy,  and  inciting  them  to  in- 
surrection, and  rebellion  against  their  masters.  . 

They  have,  for  the  same  unholy  purposes,  sent  emissaries  and  incendiaries 

among  us.  .  .,  ■     ,      , 

They  have  encouraged  and  promoted  the  invasion  of  our  soil  by  lawless  men, 
arnied'amainst  our  peace,  our  property  and  our  lives,  and  have  by  public  ovations 
converted  into  heroes  and  marlvrs  the  murderers  of  our  people. 

A  majority  of  these  Slates  have  persistently  Refused  to  comply  with  the  pro- 
vision of  the  Federal  Constitution  for  the  rendition  of  fugitives  from  labor,  and 
have  by  legislative  enactments  impeded,  hindered  and  prevented  the  execution  of 
the  fugitive  slave  law,  made  in  pursuance  ot  that  provision,  and  several  of  said 
States  have  refused  to  surrender  fugitives  from  justice,  in  cases  where  the  crime 
imputed  to  the  fugitive,  consisted  in  a  violation  of  our  rights  with  respect  to 

These  States  have  with  one  voice  denied  to  this,  and  the  other  slaveholding 
States,  an  equal  participali<  n  in  the  common  territory  of  the  United  States, 
with  the  avowed  object  of  confining  slavery  within  its  present  limits,  and  of 
"  placing  it  in  the  course  of  ultimate  extinction."  . 

And  finally,  they  have  set  up  over  us  an  absolute  despotism,  consisting  in  the 
unchecked  will  of  a  mere  sectional  and  numerical  majority,  which  has  seized 
upon  the  powers  of  government  and  holds  them  for  our  present  injury  and  ulti- 
mate destruction.  , 

By  these  means,  the  powers  granted  by  the  Constitution,  have  been  perverted 
to  our  injury  and  oppression,  and  a  foreign  rule  has  been  established  for  the  con- 
trol of  our  interests,  the  subversion  of  our  rights,  and  our  complete  subjugation 
to  absolute  power.  And,  whereas,  when  the  people  of  Virginia,  in  Convention 
assembled,  assented  to  and  ratified  the  Constitution  of  the  United  States,  they 
did  declare  and  make  known,  "that  the  powers  granted  under  the  Constitution, 
being  derived  from  the  people  of  the  United  States,  may  be  resumed  by  them, 
whensoever  the  same  shall  be  perverted  to  their  injury  or  oppression,  and  that 
every  power  not  granted  thereby  remains  with  them  and  at  their  will.  Now, 
therefore,  we,  the  people  of  the  State  of  Virginia,  conscious  of  the  right,  and 
hoping  under  God,  to  maintain  it,  do  declare  and  ordain,  and  it  is  hereby  de- 
clared and  ordained,  that  the  ordinance  adopted  by  us,  in  Convention,  on  the 
twentv-fiflh  dav  of  June,  in  the  year  of  our  Lord,  one  thousand  seven  hundred 
and  eighty-eight,  whereby  the  Constitution  of  the  United  States  of  America 
was  ratified,  and,  also,  all  acts  and  parts  of  acts  of  the  General  Assembly  ot 
this  State,  ratifying  amendments  of  the  said  Constitution  are  hereby  repealed, 
rescinded,  and  abrogated.  '  , 

We  do  further  declare  and  ordain  that  the  union  now  subsisting  between  the 
State  of  Virginia  and  other  States,  under  the  name  of  the  United  Stales  ot 
America,  is  hereby  dissolved,  and  that  the  State  of  Virginia  is  in  the  full  posses- 
sion and  exercise  of  all  those  rights  of  sovereignty  which  belong  and  appertain 
to  a  free  and  independent  State.  . 

We  do  further  declare  and  ordain,  that  the  effect  of  the  foregoing  ordinance, 
shall  be,  to  absolve  each  and  every  citizen  of  this  Commonwealth,  wherever  re- 
siding, from  all  duty  of  obedience"  to  the  authority  of  the  Federal  Government, 
whether  civil  or  military.  •  t   ,i       a  ■  a 

We  do  further  declare  and  ordain,  tiiat  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Lieutenant  Governor  and  Attorney  General,  shall  have  power, 
in  addition   to  the  purposes   for  which   he   may  now  embody  the   militia  ot  tne 


94  JOURNAL  OF  THE  CONVENTION. 

Commonwealth,  to  embody  them  to  repel  any  and  every  attempt,  by  force,  to  in- 
timidate or  coerce  the  people  of  this  State,  to  submit,  against  their  will,  to  the 
autliority  of  the  Federal  Government. 

Provided,  that  the  foregoing  ordinances  shall  not  take  effect  or  be  of  any  force 
until  the  same  shall  have  been  submitted  to  and  ratified  by  the  votes  of  a  majo- 
rity of  the  people  of  this  State,  at  a  poll  thereon,  to  be  taken  on  the  day 
of  ,  in  the  year  one  thousand  eight  hundred  and  sixty- one,  in  pursuance 
of  a  schedule  hereafter  to  be  enacted. 

The  amendment  submitted  by  Mr.  Harvie,  on  Tuesday,  being 
the  nnfinislied  business,  was  taken  up,  and  pending  tiie  further 
consideration  thereof, 

On  motion  of  Mr.  Harvie,  the  Convention  adjourned. 


96 


JOURNAL  OF  THE  COXVEXTIOX. 


Monday,  March  11,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Peterkix,  of  the  Episcopal  Church. 

Mr.  McGrew  submitted  the  following  resolution: 

Resolved,  That  the  thatiks  of  the  people  of  Virginia  be,  and  they  are  hereby 
most  cordially  teiiderid  to  llic  lloii.  Joiiii  J.  Crittenden,  for  his  recent  able, 
zealous  and  patriotic  cHorts  in  tlie  Senate  of  the  United  States,  to  bring  about  a 
just  and  honoral)le  adjustment  of  our  national  difficulties. 

Mr.  Wise  moved  to  lay  the  resolution  upon  the  table,  and  the 
resolution  being  put,  was  determined  in  the  negative — yeas  23, 
nays  93.        • 

On  niotiou  of  JNlr.  Brown,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


INJessrs.  Angus  R.  I3lakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bonldin, 
Raphael  M.  Conn, 
Micrs  W.  Fisher, 
Samuel  L.  Craham, 
lippa  Huhton, 
Lewis  D.  Isbell, 
Walter  D.  Leake, 
William  H.  Macfarland, 
Fleming  B.  Miller, 


Messrs.  Jeremiah  Morton, 
Johnson  Orrick, 
George  W.  Randolph, 
John  T.  Seawell, 
Charles  R.  Slaughter, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton, 
Robert  H.  Turner, 
Henry  A..  Wise, 
Samuel  Woods — 23. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  ('Pres7,jMessrs 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Barley, 
Allen  T.  Caperton, 
John  A.  Carter, 


Marmaduke  Johnson, 
Peter  C.  Johnston, 
James  Lawson, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  B.  Mallory, 
James  Marshall, 
John  a.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Motfett, 
Samuel  INIcD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 


JOURNAL  OF  THE  CONVENTION. 


97 


Messrs.  Manilius  Chapman, 
Sherrard  Clemens, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
VV.  H    13.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Williain  H.  Dniany, 
Jubal  A.  Early, 
Jniin  Echols, 
William  W.  Forbes, 
Colbert  C,  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gdlespic, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hanmiond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 


Messrs.  William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
Robert  li.  Scott, 
John  D.  Sharp, 
James  W.^heffey, 
Thomas  Siilington, 
A^aleniiue  \V.  Southall, 
Burwell  Spmlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Ciiapman  J.  Stuart, 
George  W.  Sunnners, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Taylne, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  WiUey, 
Benjamin  Wilson, 
Benj.  F.  Wysor— v3. 


Mr.  Leaive  moved  to  amend  the  resolution  by  adding  thereto 
the  following: 

But  this  Convention   does  not   mean  hereby  to  approve  or  disapprove  of  the 
measures  proposed  by  the  Peace  Conference. 

The  question  being  put,  was  determined  in  the  negative. 
The  question  recurrin?  on  agreeing  to  the  resolution  was  put, 
and  determined  in  the  affirmative — yeas  lOS,  nays  16. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  .Tohn  Janney,  (Prest)  Messrs.  John  J   Kindred, 
William  B.  Aston,  James  Lawson, 

John  B.  Baldwin,  John  F.  Lewis, 

AltVed  M.  Barbour,  William  McComas, 

James  Barbour,  Jatnes  C.  xMcGrew, 


98 


JOURNAL  OF  THE  COXVEXTIOX. 


Messrs.  George  Baylor, 

George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bonlclin, 
Thomas  Branch, 
George  VV.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Bnrdeit, 
James  Bnrlev, 
Fredericic  M.  Cabell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Manilins  Chapman, 
Sherrard  Clemens, 
Sanmel  A.  CofTmun, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Conch, 
John  Critcher, 
W.  H.  B.  Cnstis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  II.  Dnlany, 
Jnbal  A.  Early, 
John  Echols, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
H.  L.  Gilles|)ie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  Ij.  Goggin, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Hayniond, 
James  W.  Hoge, 
J.  G.  Holladay, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 


Messrs.  Paul  McNeil, 

Wni.  H.  Macfarland, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osbnrn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  I*endleton, 
George  McC.  Porter, 
W^m.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
William  C.  Scott, 
John  I).  Sharp, 
James  W.  Shetfey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  VV.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Suuuiiers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wlckham, 
Waitmau  T.  Willcy, 
Benjamin  Wilson, 


JOURNAL  OF  THU  CONVENTION.  99 

Messrs.  Peter  C.Johnston,         Messrs.  Samuel  Woods, 

Robert  C.  Kent,  Benj.  F.  VVysor— 108. 

The  names  of  those  who  vcted  in  the  negative  are — 

Messrs.  Angus  R.  Blake^-,  Messrs.  Walter  D.  Leake, 

Peter  B.  Borst,  "  .Tereunah  Morton, 

William  P.  Cecil,  George  W.  Randolph, 

Raphael  M.  Conn,  George  W.  Richardson, 

Miers  W.  Fisher,  John  T.  Seawell, 

Samuel  L.  Graham,  James  M.  Strange, 

Eppa  Hunton,  Robert  H.  Turner, 

Lewis  D.  Isbell,  Henry  A.  Wise — 16. 

Mr.  Clemens  presented  a  statement  from  the  Census  Bureau, 
at  the  City  of  Wnshinglon,  showing  the  population  of  the  State 
of  Virginia,  according  to  the  Eightb  Census,  taken  Jnne  1 ,  1860; 
which,  on  his  motion  was  laid  upon  tbe  table  anil  ordered  to  be 
printed.     [Doc.  XIV.] 

On  motion  of  Mr.  Macfarland,  the  following  resolution  was 
adopted : 

Resolved,  That  a  Committee  of  three  be  appointed  to  audit  claims  against  the 
Convention  for  services  before  its  organization  and  to  report  thereon. 

Mr.  WicKiiAM,  from  the  Committee  to  wbom  was  referred  the 
contract  with  the  proprietors  of  tbe  Rirhuiond  Enquirer  for  tbe 
publication  of  tbe  debates  of  the  Convention,  presented  a  re- 
port, which,  on  his  motion,  was  laid  upon  tbe  table. 

Mr.  Baldwin  presented  a  substitute  for  the  report  of  the 
Comtnittee  on  Federal  Relations,  Avhich,  on  his  motion,  was 
laid  upon  tbe  table,  and  ordered  to  be  printed. 

Mr.  WicKHAM  also  presented  a  substitute  for  the  report  of  the 
same  Conunittee,  wbicli,  on  his  motion,  was  laid  Uf)on  the 
table,  and  ordered  to  be  printed. 

Mr.  Grant  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Staplks,  was  laid  upon  the  table: 

Resolved,  That  liereafter  this  Convention  will  meet  at  the  hour  of  11  o'clock, 
instead  of  the  usual  hour. 

On  motion  of  Mr.  Summers,  the  report  from  the  Connnis- 
sioners  appointed  to  represent  this  Com.inonwealth,  in  the  Con- 
ference, wbich  convened  in  the  City  of  Washington,  on  the 
4th  day  of  February,  1S61,  was  taken  up;  and  pending  the 
consideration  of  same. 

On  motion  of  Mr.  Staplk.s,  the  Convention  adjourned. 


100  JOURNAL  OF  TUE  CONVENTION. 

Tuesday,  March  12,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Kev.  Mr.  Pkteukin,  of  the  Episcopal  Church. 

Mr.  GoGGiN  presented  the  followini^  reports  of  the  proceed- 
ings of  pul)lic  meetings,  of  citizens  of  the  county  of  Bedford; 
which,  on  his  motion,  were  referred  t«>  the  Cosnnnltee  on  Fede- 
ral Relations;  and,  at  his  request  entered  ujion  the  Journal: 

At  a  meeting;  of  a  portion  of  the  citizens  of  Bedford  County,  held  at  tlie  Court 
House,  on  the  6th  day  of  Marcii,  1861: 

On  motion  of  William  V.  Jordan,  Ksq.,  Major  Cornelius  Pale  was  called  to 
the  (/hair,  and  Joseph  li.  Layne,  K-i(|.,  a()pointed  Secretary. 

The  object  of  the  meeting  having  been  explained  by  John  II.  Thurman,  Esq  , 
on  motion,  it  was 

Resolved,  That  a  Committee  of  seven  be  appointed  to  draft  resolutions  for  the 
consideration  of  the  meeting. 

Whereupon,  the  following  gentlemen  M-ere  appointeJ  a  Committee: — Jolm  II. 
Thurman,  James  M.  Carter,  Wilson  Wheeler,  Dr.  Robert  A.  Clement,  Dr. 
Thomas  M.  Page,  Joseph  IJ.  Layne  and  William  V.  Jordan,  who,  after  a  short 
retirement,  reported  the   following   resolution,  which   was  unanimously  adopted: 

WhercMS,  Every  ofi'ort  to  secure  the  just  riglits  of  the  South  has  failed,  and  a 
Black  Republican  President  has  been  inaugurated  upon  princi[)les  hostile  to  the 
equality  of  the  States,  who  declares  hi?  purpose  of  coercing  such  States  as  re- 
fuse sutunission  to  his  rule:    Therefore, 

Be  il  llcfsolrcit,  That  we  will  resist  any.  and  every  attempt  at  coercion,  :ind  re- 
spectfully re{|uest  our  Delegates  in  the  Convention  to  use  every  means  in  their 
power  to  dissolve  the  connection  of  Virginia  with  the  Federal  (jrovernment. 

On  motion,  it  was 

Ilesnlved,  That  these  proceedings  be  published  in  the  County  papers,  and  a 
copy  thereof  sent  to  our  Delegates  in  the  State  Convention. 

On  motion,  the  meeting  adjourned. 

CORNELIUS  PATE,   Chairman. 

Joseph  B.  Layne,  Secretary. 

At  a  meeting  of  a  portion  of  the  citizens  of  the  County  of  Bedford,  State  of 
Virginia,  held  at  Emaus,  in  said  County,  on  Friday,  the  8lh  inst.,  Capt.  S.  P.  A. 
Moorman  was  called  to  the  Chair,  and  A.  M.  Whitten  appointed  Secretary. 

The  object  of  the  meeting  was  explained  by  the  Chair,  in  a  few  approjjriate 
and  patriotic  remarks,  which  weic  also  sustained  by  Messrs.  T.  H  Nauer,  A. 
W.  Robertson,  A.  M.  Whitten,  Wesley  Peters,  and  others. 

The  Committee  appointed  to  draft  resolutions,  reported  the  following,  with 
the  accompanying  preamble,  which  were  adopted  without  a  dissenting  voice. 

Whereas,  Every  effort  to  secuie  the  just  rights  of  the  South  have  failed,  and 
a  Black  Republican  has  been  inaui:,urated  upon  principles  hostile  to  the  South; 
who  declares  his  purpose  of  coercing  such  States  as  refuse  submission  to  his 
rule;  tlierefore. 

Be  it  Resolvd,  That  we  will  promptly  resistevery,  and  by  all  of  the  means  in  our 
power,  any  attempt  at  coercion;  that  our  rights  as  freemen  and  citizens  of  Vir- 
ginia, are  now  imperilled  by  delay;  therefore,  we  earnestly  recpiest  our  Dele- 
gates in  the  Convention,  to  use  every  means  in  their  power,  to  dissolve  the  pre- 
sent odious  connection  of  Virginia  with  the  Federal  Government. 

Resolved,  That  the  proceedings  of  this  meeting  be  published  in  the  County 
papers,  and  a  copy  thereof  be  sent  to  our  Delegates,  in  the  State  Convention. 

On  motion,  the  meeting  adjourned. 

S.  P.  A.  MOORMAN,  Chairman. 

A.  M.  Whitten,  Secretary. 

Mr.  Shefpey  presented  the  following  report  of  the  proceed- 


JOURNAL  OF  THE  CONVENTION.  101 

ings  of  a  public  meeting  of  citizens  of  the  county  of  Smyth; 
which,  on  his  motion,  was  referred  to  the  Committee  on  Federal 
Relations,  and  at  his  request  entered  on  the  Journal: 

At  a  large  and  respectable  meeling  of  a  portion  of  the  citizens  oT  Smyth 
county,  held  at  Marion,  pursuant  to  notice,  on  Saturday,  March  9lh,  1861,  on 
motion,  Adam  Rosenbam  was  called  to  the  chair,  and  George  VV.  Henderlite 
and  D.  D.  Hull  appointed  Secretaries. 

On  motion,  the  Chair  appointed  William  Farmer,  W.  F.  Hurst,  W.  D.  Stro- 
ther,  E.  L.  Watson  and  E.  A.  Scott,  a  committee  to  draft  resolutions  expressive 
of  the  sense  of  this  meeting.  On  motion,  James  H.  Gilmore  was  added  to  the 
committee. 

On  motion,  the  meeting  took  a  recess  until  2  o'clock  P.  M.,  to  allow  the  said 
committee  time  to  report. 

At  2  o'clock  P.  M.,  the  meeting  was  again  called  to  order,  when  (he  commit- 
tee submitted  the  following  jireamble  and  resohuions: 

Whereas,  Abraham  Lincoln  has  clearly  indicated  in  his  inaugural  address  that 
he  intends  to  make  the  attempt  to  coerce  the  Southern  Slates  that  have  seceded, 
by  holding,  occupying  and  possessing  the  properly  and  places  claimed  by  the 
Government  in  those  States;  and  whereas,  the  citizens  of  Virginia  statid  ready 
at  all  times  to  resist  such  attempt  at  all  hazard,  and  to  cast  in  their  fortunes,  in 
such  an  event,  with  their  sister  States  of  the  South,  and  believing  that  the  time 
has  now  come  when  tliey  must  either  take  their  stand  with  the  States  of  the 
Northern  portion  of  the  Confederacy,  or  with  the  Confederate  Stales  of  the 
South — Therefore,  be  it 

L  liesolved,  That  the  honor,  the  duty,  and  the  interests  of  V^irginia,  impera- 
tively demand  that  she  should  immediately  resume  all  her  riglitful  sovereignty, 
and  stand  pi'epared  for  war. 

2.  Resolved,  That  the  time  for  adjustment  in  the  Union  has  passed;  that  we 
regard  it  the  imperative  duty  of  the  Virginia  Convention  now  to  pass  an  ordi- 
nance of  secession,  without  further  consullalion  or  cooperation  with  other 
States,  and  that  a  general  Convention  of  the  Border  slave  State*,  will  be  only 
productive  of  a  delay  that  may  be  fatal  to  the  be^t  interests  of  our  people. 

3.  Resolved,  That  any  guarantee  which  wiil  fail  to  bring  back  the  seceded 
States,  ought  not  to  be  accepted  by  Virginia. 

4.  Resolved,  That  our  highest  respect  is  due  to  South  Carolina,  and  the  rest  of 
the  seceded  States.  We  honor  them  for  their  wisdom,  their  decisive  boldness, 
and  their  humane  forbearance. 

5.  Resolved,  That  we  regard  any  attempt  to  interf'-rc  with  the  present  system 
of  taxation  upon  slave  propei-ty  at  t!iis  crisis,  as  ill-timed  and  ill-advised. 

6.  Resolved,  That  to  Virginia,  if  she  properly  regards  her  honor  and  her 
plighted  faith, "^-e  owe  oi;r  lasting  fealtj,  and  to  her  and  the  rest  of  the  gallant 
South,  we  pledge  "  our  lives,  our  fortunes  and  our  sacred  honor." 

7.  Resolved,  That  we  do  not  regard  these  resolutions  as  necessarily  instruc- 
tions to  our  delegate  in  Convention,  for  we  feel  confident  fiom  his  course  so  far, 
that  his  action  will  correspond  thereto. 

8.  Resolved,  That  a  copy  of  the  foregoing  preamble  and  resolutions  be  for- 
warded immediately  to  out-  delegate  in  Convetition,  with  the  request  that  he  will 
lay  them  before  th.t  body. 

After  several  spirited  and  patriotic  addresses,  the  said  preamble  and  resolu- 
tions were,  on  motion,  unanimously  adopted. 

On  motion. 

Resolved,  That  these  proceedings  be  forwarded  to  the  "Marion  Visitor"  and 
Richmond  papers  for  publication. 

On  motion,  the  meeting  adjourned  tine  die. 

ADAM   ROSCXBAM,  Ckainnan. 

G.    W.    HeVDF.RI.ITE,  re  ,      . 

D.  D.  Hull,  ^  SvcrelancK 

The  Presidkxt  announced  the  following  committee  in  tic- 
cordance   with    the   resolution    adopted    yesterday,   concerning 


102  JOURNAL    OF    THE    CONVENTION. 

^'claims  against  the  Convention  for  services  before  its  organiza- 
tion:"  Messrs.  Marfirlaiid,  Cox,  of  Chesterfield,  and  Leake. 

Mr.  T.xKK  suhniitted  the  f  tllowing  preamble  and  resolutions, 
which  were  ordered  to  be  referred  to  the  Committee  on  Federal 
Relations: 

Whereas,  a  number  of  the  Southern  States  of  this  Union  having  seceded  there- 
from, and  an  atieuipt  to  retake  the  forts  and  other  property  of  the  United  Slates, 
now  m  possessi  m  of  said  States,  by  the  Federal  Government,  in  the  present  criti- 
cal condition  of  the  country  would,  it  is  believed,  seriously  endanger  the  peace- 
ful relations  now  existing  between  tiie  remaining  Southern  States  and  the  Gene- 
ral Government  itself,  and  will  tend  to,  if  it  does  not  produce  civil  war;  there- 
fore, 

Resolved,  That  this  Convention,  to  avoid  a  conflict,  and  restore  harmony  be- 
tween the  Federal  Government  and  the  seceding  States,  would  earnestly  recom- 
mend, both  to  the  said  Government  and  the  said  States,  that  the  relations  now 
subsi>ting  between  them  should  be  maintained,  with  the  hope  that  an  amicable 
adjustment  can  be  ed'ected.and  that  the  Federal  Government,  with  a  view  to  the 
atlaiiinnMit  of  fiiat  object,  althongli  the  right  unquestionably  exists,  should  not 
attempt  forcibly  to  I'clake  the  forls,  arsenals,  and  other  public  property  of  the 
United  States,  now  in  possession  of  the  said  States,  until  an  effort  shall  have 
been  made  for  adjustment  by  the  State  of  Virginia  in  Corwention  assembled. 

Ris'ilfcd,  That  whilst  we  deprecate  any  action  on  the  part  of  the  Federal  Go- 
vernment that  may  lead  to  a  cullision  between  itself  and  the  seceding  States,  yet 
the  withdrawal  of  tlie  said  Slates  from  the  Union  having  been  made  in  violation 
of  the  Constitution  of  the  I'nited  States,  and  wiliiout  the  consent  of  Virginia,  in- 
volving as  it  docs,  the  peace  and  security  of  the  entire  Union,  does  not  warrant, 
and  ought  not  to  receive  the  sanction  of  Virginia. 

On  motion  of  Mr.  Flournov,  ordered  that  leave  be  granted 
to  record  his  name  in  the  affirmative  on  the  question  of  agreeing 
to  the  resolution  of  thanks  to  Hon.  .John  J.  Crittenden,  adopted 
yesterday. 

The  Phesioknt  presented  the  following  communication  from 
Mr.  C.vulilk,  whicli  was  read  and  ordered  to  be  laid  upon  the 
table: 

March  12,  ]8G1. 

Sir, — 1  am  anxious  that  llie  cause  of  my  absence  from  the  Convention  on  yes- 
terday, when  the  resolution  of  thanks  to  Mr.  Crittenden  was  voted  upon,  shall  be 
made  known  to  my  coiistituents,  who,  with  ine,  love  to  honor  the  man  who  has 
so  signalized  himself  by  a  lile  devoted  to  the  best  interests  of  his  icliole  country, 
as  to  have  earned  for  himself  the  jiroud  title  of  "the  Patriot  Statesman."  His 
elforts  to  plucc  before  the  people  the  measures  of  adjustment  recommended  by 
the  Peace  Conference,  liave  met  the  hearty  approval  of  the  great  body  of  the 
people  in  my  portion  of  the  State,  and  the  people  of  Harrison  would  expect  my 
vote  to  he  recorded  in  favor  of  the  resolution  referred  to.  It  would  have  been  so 
recorded — for  from  my  heart  1  thank  liim — had  I  not  been  prevented  from  attend- 
ing the  (Convention  by  a  return  of  inflammatory  rheumatism  with  which  I  was 
attacked  sliorilv  after  my  arrival  in  this  city. 

\'ery  respeetfiillv, 

JOHN  S.  CARLILE. 

Ilim.  John  Ja.n'N'ly,  President  of  Convention. 

Tho  report  from  the  Commissioners  appointed  to  represent  this 
Connnonwealih  in  the  Conference  which  convened  in  the  City 
o{  Wasiiiiigton,  on  the  4th  day  of  February  IS(51,  being  the  un- 
finished business,  was  taken  up,  and  j)ending  the  further  con- 
sideration therenf. 

On  motion  of  i\Ir.  Tvmou,  the  Convention  adjourned. 


JOURNAL  OF  THE  CONVENTION.  103 


Wednesday,  March  13,  1861. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Baker  of  the  Episcopal  Church. 

Mr.  Woods  presented  the  proceedings  of  a  meeting  held  in 
the  county  of  Barbour,  whicli  were  read,  and  on  his  motion,  re- 
ferred t-i  the  Coinmiltee  on  Federal  Relations. 

Mr.  Morris  presented  the  proceedings  of  a  meeting  held  in 
the  county  of  Caroline,  which  were  read,  and  on  his  motion, 
referred  to  the  Committee  on  Federal  Relations. 

The  report  from  the  Commissioners  appointed  to  represent  this 
Commonwealth  in  the  Conference  which  convened  in  the  City 
of  Washington,  on  the  4th  day  of  February  1861 ,  being  the  un- 
finished business,  was  taken  up,  and  pending  the  further  con- 
sideration thereof. 

On  motion  of  Mr.  Sheffey,  the  Convention  adjourned. 


104  JOURNAL  OF  THE  CONVENTION. 

^^ 

Thursday,  March  14,  1S61. 

The  Convention  assembled  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Baker,  of  the  Episcopal  Church. 

Mr.  Neblett  presented  a  report  of  the  proceedings  of  a  meet- 
ing held  in  the  conniy  of  Ijunenbnrg,  which,  on  his  motion, 
was  referred  to  tlie  Committee  on  Federal  Relations. 

j\Ir.  Kent  presented  a  report  of  the  proceedings  of  a  ineetin 
held   in  the  connty  of  VVytbe,  which,  on  his  motion,  was  re- 
ferred to  the  C'lmmittee  on  Federal  Relations. 

The  report  from  the  Commissioners  appointed  to  represent 
this  (Commonwealth  in  the  Conference  which  convened  in  the 
City  of  Washington,  on  the  4th  day  of  February  1861 ,  being 
the  unfinished  business,  was  taken  up,  and  ai'ter  further  conside- 
ration. 

On  motion  of  Mr.  Conrad,  of  Frederick,  was  referred  to  the 
Committee  on  Federal  Relations. 

Mr.  Conrad,  of  Fredt^rick,  submitted  the  following  resolution: 

Resnlved,  Tliat  the  report  of  tlie  Committee  on  Federal  Relations,  with  the 
minority  reports  from  said  Committee,  be  made  the  order  of  the  day,  in  Commit- 
tee of  the  Whole,  to-morrow,  at  half  past  12  o'clock,  and  continue  so  from  day 
to  day,  until  otherwise  ordered. 

Mr.  Sheffey  moved  to  amend  the  resolution  by  striking  out 
'' to-mnrrow,"  and  inserting  "Monday  next,"  and  the  question 
being  put,  Avas  decided  in  the  negative. 

Tlie  resolution  was  then  adopted. 

Mr.  Richardson  moved  to  take  up  a  resolution  oifered  by 
him  on  the  2Sth  day  of  February  last,  seeking  information  re- 
garding the  militia,  &c.;  and  the  question  being  put,  it  appeared 
that  no  quorum  was  present. 

On  motion  of  Mr.  Burdett,  the  Convention  adjourned. 


JOURNAL   OF   THE   CONVENTION.  105 

Friday,  March  15,  1861. 

The  Convpiitinn  assemblnd  at  12  o'clock,  M. 

Prayer  by  the  Rev.  Mr.  Nollky,  of  the  Methodist  Church. 

Mr.  FisHKii  presented  a  report  of  the  pmceodiugs  of  a  meot- 
ing;,  held  ui  the;  county  of  Norihampion,  which  was  read,  and 
on  his  motion,  referred  to  the  Committee  on  Feder.d   Ilelati'ns. 

Mr.  GooDK,  of  Mcckletibnig,  presented  a  n^p^rt  (if  tha  pro- 
coediiii's  of  a  meeting  held  in  the  county  of  Mecklcnbiu-g, 
which  was  read,  and  ou  his  motion  referred  to  the  Coniuiittue 
on  Federal  Relations. 

Mr.  \Vvsoii  read  n>r  the  information  of  tlie  Convention,  a  re- 
port of  the  proceedings  of  a  meeting  held  in  the  county  of 
Pidaski. 

Mr.  FoiJBEs  presented  the  report  of  the  proceedings  of  a 
meeting  held  in  the  county  of  Buckingham,  which  was  read, 
and  on  his  motion  referred  to  the  Committee  on  Federal  Re- 
lations. 

Mr.  RiCH.VRDsox  moved  to  take  up  a  resolution  offered  by 
him  on  the  28lh  day  of  February  last,  seeking  inform. ition  re- 
garding tlie  militia,  etc.,  and  the  question  being  put,  was  de- 
cided in  the  negative. 

In  accordance  with  a  resolution  adopted  yesterday,  tlie  Con- 
vention resolved  itself  into  a  Committee  of  the  Whole,  and 
the  President  called  Mr.  South.\ll  to  the  Chair.  After  some 
time  passed  in  Connniltce  of  the  Whole,  the  President  re- 
sumed the  Chair,  and  Mr.  South  .all  reported  that  the  Commit- 
tee had  risen  witliout  coming  to  any  conclusion  upon  the  matter 
referred  to  them. 

On  motion  of  Mr.  H.all,  of  Lancaster  and  Northumberland, 
the  Convention  adjourned. 


110 


JOURNAL   OF   THE    CONVENTION. 


Monday,  March  18,  1861. 

The  Convention  assembled  at  lOJ  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Brow.v,  of  the  Presbyterian  Church. 

The  resolutions  submitted  by  Mr.  Willey,  on  Saturday  last, 
being  the  unfinished  business,  were  taken  up. 

On  motion  of  Mr.  Clemens,  a  call  of  the  House  was  ordered, 
to  ascertain  if  a  quorum  was  present. 

The  roll  was  accordingly  called,  and  the  following  members 
responded: 


Messrs.  John  Janney,  (Pres''t)  Messrs. 
William  M.*  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
John  R.  Chambliss, 
Sherrard  Clemens, 
Raphael  M.  Conn, 
James  H.  Couch, 
Harvey  Deskins, 
Jubal  A.  Early, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 


George  W.  Hull, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
Walter  D.  Leake, 
James  C.  McGrew, 
Paul  McNeil, 
James  B.  Mallory, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
William  J.  Neblett, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
George  McC.  Porter, 
David  Pugh, 
George  W.  Richardson, 
Peter  Saunders,  Sr. 
William  C.  Scott, 
John  T.  Seawell, 
John  D.  Sharp, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
James  M.  Strange, 


JOURNAL    OF   THE    COIH'ENTION. 


Ill 


Messrs.  AVilliam  L.  Goggin,       Messrs. 
Thomas  F.  Goode, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  P.  Haymond, 
James  P.  Holcombo, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


William  T.  Suthrelin, 
Campbell  Tarr, 
George  P.  Tayloo, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Benjamin  Wilson, 
Samuel  Woods, 
Benj.  F.  Wysor— 85. 


A  quorum  being  present, 

On  motion  of  Mr.  Clkmens,  all  further  proceedings  under 
the  call  were  dispensed  with. 

The  motion  of  Mr.  Slaugfiter,  to  lay  the  resolutions  sub- 
mitted by  Mr.  Willky  upon  the  table,  was  withdrawn. 

Pending  the  further  consideration  of  said  resolutions,  the 
Convention,  in  pursuance  of  the  order  of  the  day,  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  .Sot'thall  in  the 
chair.  After  some  time  passed  in  Conmiittce  of  the  Whole,  the 
President  resumed  the  chair,  and  Mr.  Soutiiall  reported  that 
the  Committee  had  made  some  progress  upon  the  matttr  referred 
to  them,  but  had  come  to  no  conclusion  thereupon. 

The  PuEsiDEXT  presented  a  communiratinn  jnim 
a  committee  on  behalf  of  a  ''Conference  Convention"  of  citi- 
zens of  the  State  of  Maryland,  which  was  read,  and  on  motion 
of  Mr.  Fisher,  was  ordered  to  be  printed  and  referred  to  the 
Committee  on  Federal  Relations. 

Mr.  DoRMAN  submitted  the  following  resolution,  wliich  was 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations: 

Resolved,  That  the  Committee  on  Federal  Relations  inquire  into  the  expediency 
of  amendments  to  the  Constitution  of  the  United  States,  beinf;  submitted  by  this 
State,  to  the  other  States  of  the  Union,  providing;  and  derlariiig,  (first,)  that 
Electors  of  President  and  Vice-President,  siiali  he  chosen  on  the  District  system; 
and,  (second,)  that  persons  of  African  blood,  in  whole  or  in  part,  are  not  and 
shall  not  be  citizens  of  the  United  States,  or  citizens  within  the  meaning  of  the 
2d  section  of  the  4th  article  of  the  Federal  Constitution;  and,  further,  whether 
such  amendments  should  form  part  of  any  ulliinahtm  laid  down  by  Virginia  or 
the  Border  States  of  the  South,  or  should  be  submitted  separately  and  distinct 
from  such  vltimalum. 


On  motion  of  Mr.  Havmoxd,  tlie  Convention  adjourned. 


112  JOURNAL    OF   THE    CONVENTION. 


^1 
Tuesday,  March  19,  1861. 

The  Convention  assembled  at  10^-  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  VVoodbridge,  of  the  Episcopal 
Church. 

Mr.  Hall,  of  Wetzel,  submitted  the  following  resolution, 
which,  on  motion  of  Mr.  Conrad,  of  Frederick,  was  laid  upon 
the  table: 

Resolved,  That  the  Committee  on  Federal  Relations  are  hereby  requested  to 
report  the  Constitution  of  tiie  Confederate  States  of  the  South,  as  Virginia's 
ultimatum,  and  that  they  recommend  the  same  to  the  Northern  States  of  this 
Confederacy,  for  their  adoption  or  rejection,  and  in  order  to  give  them  time  to 
act  on  the  same,  this  Convention  will  adjourn  to  meet  again  on  the  first  Monday 
in  October,  1861. 

Mr.  Conrad,  of  Frederick,  presented  a  report  from  the  Com- 
mittee on  Federal  Relations,  proposing  amendments  to  the  Con- 
stitution of  the  United  States,  which,  on  his  motion,  was  ordered 
to  be  printed,  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Hull  submitted  the  following  res-»lnlion,  which,  on  mo- 
tion of  Mr.  Early,  was  laid  upon  the  table: 

Resolved,  That  in  future,  until  otherwise  ordered,  this  Convention  shall  meet 
as  at  present,  at  lOi  o'clock,  A.  M  ,  remain  in  session  until  2|  P.  M.;  then  take 
a  recess,  and  again  assemble  at  a  quarter  to  8  P.  M. 

Mr.  Branch  presented  the  following  connnunication  and  re- 
port of  a  meeting  held  in  the  City  of  Petersbnrg,  which,  on  his 
motion,  were  referred  to  the  Conmiittee  on  Federal  Relations, 
and  ordered  to  be  entered  in  the  .Journal: 

Petersburg,  March  15,  1861. 

Thomas  Branch,  Esq. — Dear  Sir: — As  Chairman  of  a  meeting  of  citizens  of 
Petersburg,  held  on  Monday  night  last,  I  beg  leave  to  communicate  to  you  a 
copy  of  the  proceedings  of  ttie  meeting,  which  you  will  find  in  the  enclosed  slip 
from  the  Daily  Express,  and  to  inform  you  that  at  the  polls  held  on  Wednesday, 
yesterday,  and  to-day,  in  pursuance  of  the  resolution  of  the  meeting,  the  vote  re- 
sulted as  follows: 

Whole  number  of  votes  cast 1,641 

For  the  resolutions  of  Charles  F.  Collier,  Esq 879 

For  the  substitute  of  Col.  George  W.  Boiling 762 

Majority 117 

In  further  compliance  with  the  terms  of  the  fourth  resolution  of  Mr.  Collier, 
I  beg  leave  to  request  that  you  will  communicate  to  the  Convention  the  proceed- 
ings of  the  meeting,  and  the  result  of  the  popular  vote. 

Very  respectfully, 

Your  obedient  servant, 

WILLIAM  T.  .TOYNES. 

P   S. — I  enclose  also  a  copv  of  the  notice  published  each  day  of  the  voting. 

W.  T.  J. 


JOURNAL    OF    THE    CONVENTION.  113 

MEETING  OF  THE   CITIZENS   OP  PETEftSBURG. 

In  pursuance  of  the  annexed  oil,  published  in  the  daily  papers  of  Monday, 
the  llth  inst.,  a  large  concourse  of  the  citizens  of  Petersburg,  met  at  Phoenix 
Hall,  on  the  evenin^^  of  that  day,  at  8  o'clock,  P.  M. 

To  THE  Voters  of  Petersburg. — All  true  lovers  of  Constitutional  Liberty, 
and  of  the  Union,  as  our  lathers  formed  it,  are  requested  to  meet  at  Piioenix 
Hall,  on  Monday  night,  at  8  o'clock,  in  order  to  instruct  our  Delegate  in  the 
State  Convention,  now  assembled,  to  go  for  immediate  secession.  Let  there  be  a 
grand  rally  of  the  pco])le.  Many  Citizens. 

The  meeting  was  organized  by  the  election  of  V/illiam  T.  Joynes  as  Chair- 
man, and  A.  K.  Crutclifield  and  John  Lyon,  Secretaries. 

Mr.  C.  F.  Collier  ofl'ered  the  following  resolutions: 

1.  Resolved,  As  ll;e  opinion  of  this  meeting,  which  is  one  of  the  largest  ever 
assembled  in  this  city.  That  the  point  of  substantial  dispute,  from  which  all 
minor  disputes  radiate  as  from  a  common  centre,  between  the  slaveholding  and 
the  non-slavcholding  States,  is  M'/if^/irr  ncf^rces  nreprvpcrhj;  and  that  ihe  observ- 
ance, in  all  legislation  by  tlie  (ieneral  Government  and  by  the  States,  of  the 
constitutional  fact,  in  our  complex  system,  as  we  understand  it,  that  negro  slaves 
are  property,  is  the  orbit  in  which  "the  Federal  Union,  now  in  the  darkness  of 
disali'eclion  and  disloyalty,  must  heiioelbrlh  move,  in  order  to  n)ake  that  Union 
again  illustrious  with  the  Ijcains  of  the  old  time  brotherhood;  and  that  that  orbit 
alone,  and  no  other,  is  competent  to  make  the  wasting  powers  of  that  Union  and 
the  drooping  prospects  of  the  whole  country  revive  and  rejoice. 

2.  Ilcsoli-cd,  That  in  the  opinion  of  this  meeting,  the  Convention  now  delibe- 
rating in  Richmond,  ouiilit  to  propose  to  be  ratified  by  the  people,  an  ordinance 
lo  the  following  ed'ect:  That,  whereas,  the  non-slavcholding  Stales  have  lefused 
to  accord  much  less  in  the  way  of  compromise  than  the  slaveliulding  Stales  are 
entitled  lo,  as  is  evidenci-d  by  the  refusal  of  Congress  to  accc[)t  Ihe  proposals  of 
the  Peace  Conference;  now,  therefore,  we,  the  people  of  Virginia,  will  resist 
the  authority  of  the  Union  over  us;  and  do  ordain  that  the  powers  thereto 
formerly  delegated  be  resumed;  and  do  declare  this  Slate  absolved  from  any  alle- 
giance to  that  Union;  and,  furthermore,  that  we,  the  people  of  Virginia,  never 
will  re-unite  in  any  Confederacy  with  those  Slates,  or  any  of  them,  except  on 
the  basis  that  negroes  held  to  service  are  property,  as  well  as  persons,  and  that 
the  element  of  property  in  thtm  must  be  treated  as  other  property  in  the  territo- 
ries, and  especially  in  the  matter  of  the  delivery  of  fugitives  from  labor,  when 
escaped  into  any  of  those  Slates  or  into  any  territory. 

3  Kesolrcd,  That  such  ordinance  might  appropriately  prescribe  some  period, 
with  short  interval,  but  ample,  within  which  this  our  demand  must  be  acceded 
to,  in  the  way  of  amendment  to  the  Cjiistiiution  of  the  United  States,  by  the 
lion-slaveholding  States;  so  that  the  attention  of  THE  PEOPJ>E  of  those  States 
shall  be  drawn  to  the  point  on  which  alone  future  fraternity  is  possible;  but  be 
it  understood  that  this  leaving  of  the  door  open  lor  overtures  from  the  people  of 
Ihose  States,  is  only  intended  as  a  condition  of  re-union  subsequent  lo  secession 
or  revolution,  and  not  as  a  condition  precedent. 

4.  Rcsoh-ed,  That  whilst  we  do  not  deem  it  indispensable,  as  the  action  of  the 
Convention  must  come  back  to  us,  that  we  shall  send  up  instructions,  in  manda- 
tory form,  lo  our  delegate,  Mr.  Branch,  yet  we  hereby  request  him  to  present 
our  proceedings  to  that  body;  and,  therefore,  it  is  ordered  that  a  copy  be  certified 
lo  him  for  that  purpose,  and  thai  he  be  requested  to  take  heed  thereto. 

Mr.  Geo.  W.  BjllingolFered  the  following  as  a  substitute  for  Mr.  Collier's  reso- 
lutions : 

Resolccd,  That  having  full  confidence  in  the  intelligence,  patriotism  and  firm- 
ness of  our  delegate  in  the  Convention,  for  the  protection  of  Southern  rights 
and  honor,  it  is  inexpedient  to  instruct  him  on  any  question  now  pending  before 
Ihe  Convention. 

Mr.  Collier's  resolutions  were  advocated  bv  himself,  Mr.  R.  R.  Collier  and 
Hon.  R.  A.  Pryor 

Mr.  Boiling's  substitute  was  advocated  by  hini'^elf  and  Mr.  .lohn  Lyon. 

During  Mr.  Lyon's  speech  he  gave  way  lo  Mr.  Pryor,  who  moved  that  the 
resolutions  and  substitute  be  laid  on  the  table  and  that  the  meeting  adjourn 

Mr.  C.  F.  Collier  and  R.  R.  Collier,  each,  with  the  consent  of  the  meeting, 
made  a  few  remarks  by  way  of  explanation. 


114  .TOUKXAL    01     THE    COVENniOX. 

Mr.  Pryor  subsequently  withdrew  liis  motion. 

Mr.  R.  R.  Collier  then  offered  tiic  following  resolution: 

Resolved,  Ttiat  the  resolutions  od'ered  to  this  meeting;  by  Chas.  F.  Collier,  Esq. 
and  the  substitute  therefor  offered  by  Col.  Geo.  W.  Boiling,  be  published  in  the 
newspapers  of  this  city  to-morrow,  (Tuesday,)  and  the  next  day,  (Wednesday,) 
and  the  next  day,  (Thursday.)  and  that  a  poll  be  opened  at  the  Court-house,  on 
each  of  those  days,  at  which  the  legally  qualified  voters  of  the  city  may  vote  aye 
or  no  on  the  said  resolutions  of  Mr.  Collier,  and  aye  or  no  on  the  substitute  of 
Col.  Boiling. 

Which  was  adopted. 

On  motion,  the  meeting  adjourned. 

WM.  T.  JOYNES,  Chairman. 

A.  F.  Crutchfield,  )  „       .    • 

^  kecrcianes. 


John  Lyon, 


\s, 


On  motion  of  Mr.  Conrad,  of  Frederick,  the  following  reso- 
lution was  adopted: 

Resolved,  That  from  and  after  to-day,  until  further  order,  this  Convention  will 
resolve  itself  into  Committee  of  the  Whole,  upon  the  reports  from  the  Commit- 
tee on  Federal  Relations,  at  the  hour  of  11  o'clock,  A.  M. 

In  ])tir.suance  of  the  order  of  the  day,  the  Convention  re- 
solved itself  into  a  Committee  of  the  Whole,  Mr.  Southall  in 
the  chair.  Alter  some  time  passed  in  Conmiittee  of  the  Whole, 
tlie  PitEsiDENT  resumed  the  chair,  and  iMr.  Southall  reported 
that  the  (Committee  had  made  some  progress  with  the  matter 
rei'erred  to  them,  but  had  come  to  no  conclusion  thereupon. 

The  resolutions  submilled  by  Mr.  Willey,  on  Saturday  last, 
being  the  unfinished  business,  were  taken  up,  and  pending  the 
further  consideration  tliereof, 

On  motion  of  Mr.  TurtNKii,  of  Jackson,  the  Convention  ad- 
journed. 


JOURNAL    OF   THE    COlTSrENTION.  115 


Wednesday,  March  20,  1861. 

The  Convention  assembled  at  10^  o'clock,  A.  M. 
Prayer  by  Rev.  Mr.  Woodbridge,  of  the  Episcopal   Church. 
On   motion   of  Mr.    Brown,    the    following   resolution   was 
adopted : 

Resolved,  That  the  ayes  and  noes  may  be  taken  in  Committee  of  the  Whole,  in 
the  same  manner  as  in  the  Convention. 

Mr.  Speed  submitted  the  following  resolution: 

Resolved,  That  the  Committee  on  Federal  Relations  be  instructed  to  inquire 
into  the  expediency  of  reporting  to  the  Convention  two  ordinances,  to  be  sub- 
mitted to  a  vote  of  the  people  fur  their  approval  or  rejectioti,  on  the  4th  Thurs- 
day in  May  next — one  providing  for  a  resumption  by  the  fctate  of  the  powers 
heretofore  delegated  to  the  General  Government;  and  the  other,  as  an  alterna- 
tive proposition,  the  series  of  amendments  to  the  Constitution  of  the  United 
States,  which  may  be  agreed  on  by  the  Convention  to  be  submitted  to  the  North- 
ern 8tates  as  an  uUunatum,  on  the  acceptance  of  which  this  Slate  will  continue 
in  the  Fedi  ral  Union,  with  the  proviso,  that  if  not  accepted  by  tlie  day  of  , 
the  Convention  shall  have  authority  to  pass  an  ordinance  of  secession  without 
referring  it  back  to  the  people  for  their  ratification. 

Mr.  Early  moved  to  lay  the  resolution  upon  the  table,  and 
the  question  being  put  was  decided  in  the  negative — yeas  46, 
nays  61. 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  .Jnnney,  (P res'' i)  Messrs.  James  W.  Hoge, 

William  13.  Aston,  Chester  I).  Hubbard, 

George  Baylor,  John  N.  Iluglies, 

George  W.  Berlin,  George  VV.  Hull, 

Caleb  Boggess,  John  J.  Jackson, 

George  W.  Brent,  Peter  C.  Johnston, 

William  G.  Brown,  John  F.  Lewis, 

James  Burley,  James  C.  McGrew, 

John  A.  Campbell,  Paul  McNeil, 

.John  S.  Carlile,  Henry  H.  Masters, 

John  A.  Carter,  Hi^ratio  G.  Moffctt, 

C.  B.  Conrad,  Johnson  Orrick, 

James  H.  Couch,  Logan  Osbnrn, 

W.  H.  B.  Custis,  Spicer  Patrick, 

Harvey  Deskins,  George  McC.  Porter, 

James  B.  Dorman,  David  Pugh, 


11^ 


JOURNAL    OF    THE    CONVENTION. 


Messrs,  Jubal  A.  Early, 

Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 


Messrs.  John  D,  Sharp, 

Thomas  SitHngton, 
JSamuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
William  White, 
W.  T.  Willey— 46. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  William  M.  Ambler,      Messrs. 
Edward  M.   Aruistrong, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Wood  Bonldin, 
William  W.  Boyd, 
Thomas  Branch, 
Jauies  C.  Bruce, 
Allen  T.  Caperton, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
James  H.  Cox, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Thomas  S.  Flouruoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
Fendall  Gregory,  Jr. 
Cyrus  Hall, 
Alpheus  F.  Haymond, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  U.  Isbell, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
AValter  D.  Leake, 
William  McComas, 


James  B.  Mallory, 
James  Marshall, 
John  L,  Marye,  Sr. 
Fleming  B.  Miller, 
Robert  ii.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Si'awell, 
James  W,  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
.lohn  M.  Speed, 
Burwell  Spurlock, 
James  M.  Strange, 
William  T.  Suiherlin, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Benjamin  Wilson, 
Benj.  F.  Wysor— 60. 


The  resolution  was  then  adopted. 

Mr.  Wilson  moved  to  postpone  the  execution  of  the  order  of 
the  day,  with  the  view  of  taking  up  the  resolutions  submitted 
by  Mr.  Willey,  on  Saturday  last,  and  the  question  being  put, 
was  decided  in  the  negative. 

In  pursuance  of  the  order  of  tlieday,  the  Convention  resolved 


JOURNAL  OF  THE  CONVENTION.  117 

itself  into  a  Comnaittee  of  the  Whole,  Mr.  Southall  in  the 
chair.  After  some  time  passed  in  Committee  of  the  Whole,  the 
President  resumed  the  chair,  and  Mr.  Southall  reported  that 
the  Committee  iiad  made  some  progress  npon  the  matter  referred 
to  them,  but  had  come  to  no  conchision  thereupon. 

iNIr.  WicKHAM  presented  the  proceedings  of  a  meeting  held 
in  the  county  of  Henrico,  which,  on  his  motion,  was  referred  to 
the  Committee  on  Federal  Relations. 

Mr.  Of  BURN  presented  the  following  report  of  the  proceedings 
of  a  meeting  held  in  the  county  of  Jefferson,  which,  on  motion 
was  referred  to  the  Committee  on  Federal  Relations,  and  ordered 
to  be  entered  in  the  Journal: 

At  a  meeting  of  the  citizens  of  Harper's  Ferry  and  Bolivar,  held  at  Camp-Hill 
School  House,  on  Friday  the  15'h  day  of  March,  1861,  on  motion,  E.  H.  Cham- 
bers was  called  to  the  chair,  and  A.  McCliesh  appointed  secretary. 

On  motion,  it  vvas 

Resolved,  That  there  is  no  change  of  public  sentiment  upon  the  subject  of  se- 
cession, so  far  as  the  people  of  Harper's  Ferry  and  Bolivar  are  concerned,  and 
that  wc  fully  endorse  the  resolutions  adopted  by  the  Convention  held  at  Charles- 
town,  on  the  21st  day  of  January,  1861,  which  nominated  the  Union  candidates, 
Messrs.  Osburn  and  Barbour. 

On  motion,  it  was 

Rennlvcd.  That  the  position  of  our  Senators  in  Congress  and  in  the  State  Se- 
nate, d  )rs  not  reflect  the  true  sentiments  of  their  constituency,  and  that  we  re- 
gard their  conduct  as  being  in  open  rebellion  to  our  interests  as  a  people,  and  at 
war  with  the  Constitution  of  our  beloved  country. 

On  motion,  it  was  ordered  that  a  co[)y  of  the  proceedings  of  this  meeting  be 
sent  to  Messrs.  Osbuni  and  Barbour,  delegates  to  the  Virginia  Convention. 

The  meeting  then  adjourned. 

E.  H.  CHAMBERS,  Chairman. 

A.  McCliesh,  Secretary. 

The  resolutions  submitted  by  Mr.  Willey,  on  Saturday  last, 
being  the  unfinished  biismess,  were  taken  up,  and  after  the 
further  consideration  thereof, 

Mr.  GooDE,  of  Mecklenburg,  moved  to  lay  the  resolutions 
upon  the  table,  pending  which. 

On  motion  of  Mr.  Burdett,  the  C(»nvention  adjourned. 


JOURNAL    OF   THE   CONVENTION.  lit 


A 


TiRRSDAY,  March  21,  1861. 

The  Convention  assemhled  at  10^^  o'clock,  A.  M. 
l^rayer  hy  the  Rev^  Dr.  Sekly,  of  the  Baptist  Chnrch. 
Mr.  VViLson  snhmilted  the  following  resoiniion,  which,  on  his 
motion,  was  I -id  upon  the  table  and  ordered  to  be  printed: 

Resolved,  That  liic  CommiKce  on  Federal  Relations  be  instructed  to  inquire 
into  llie  expedietiry  of  providing  for  the  Border  State  Conference,  as  recom- 
mended by  the  report  of  tlie  majority  of  tbat  Committee,  and  a  Conference  with 
tlie  aulboVilics  ol  the  Confederated  Slates  as  recommended  by  one  of  the  mi- 
nority reports;  and  a  Commission  to  eacli  of  the  non-slaveholding  States,  to 
invite  the  an'horitts  thereof,  to  initiate  sueli  proceedings  as  will  Ite  acceptable 
to  the  ^lavcliolding  States  now  in  the  Union,  and  of  the  Confederated  Stales. 

Mr.  Boyd  presented  a  substitute  for  the  first  sertion  of  the 
report  of  th^-  (Jonnnittee  on  P'ederal  Kclations,  proposing  an)end- 
nients  to  ihe  Constitution  of  the  United  States,  which,  on  his 
motion,  wiis  ordered  to  be  printi-d,  and  referred  to  the  Commit- 
tee of  the  Whole. 

Mr.  Makyk  presented  a  report  of  the  proceedings  of  a  meet- 
ing held  in  the  county  of  Spotsylvania,  which  was  read,  and 
relerred  to  the  Committee  on  Federal  Relations. 

The  resnintioiis  snhinitfed  by  Mr.  VVilley,  on  Saturday,  be- 
ing the  unfinished  business,  were  taken  up,  and  the  motion  of 
Mr.  GoonE,  of  Mecklenburg,  to  lay  them  upon  the  table  with- 
drawn. 

In  pursuance  of  the  order  of  tlie  day,  tlie  Convention  then 
resolved  itself  into  a  Connnittee  ot  the  Whole,  Mr.  Southall 
in  the  rhair.  After  some  time  passed  in  Committee  of  the 
Whole,  the  Piiesidknt  resumed  the  chair,  and  Mr.  Southai-l 
reported  that  the  Committee  had  made  some  progress  with  the 
matter  referred  to  them,  but  had  come  to  no  conclusion  there- 
upon. 

On  motion  of  Mr.  Hall,  of  Marion,  the  Convention  ad- 
journed. 


118  JOURNAL  OF  THE  CONVENTION. 


Friday,  March  22,  1861. 

The  Convention  assembled  at  lO^y  o'clock,  A.  M. 

Prayer  by  Rev.  Dr.  Jeter,  of  the  Baptist  Church. 

Mr.  Macfarland,  from  the  Committee  appointed  under  a  re- 
sohition  adopted  on  the  11th  inst.,  presented  the  following  re- 
port, which  was  read  and  adopted: 

The  Committee  appointed  to  audit  claims  ajiainst  tlie  Convention  for  services 
before  its  organization,  have  according,  to  order,  had  under  consideration  such 
claims  as  were  brought  to  their  notice,  and  beg  leave  to  report  the  following 
resolutiims  for  adoption  by  the  Convention: 

Resolved,  That  Robert  B.  Craddock  be  allowed  the  sum  of  sixteen  dollars,  for 
four  days  service  as  Door  Keeper  to  the  Convention. 

Resolved,  That  Valentine  Brown  be  allowed  the  sum  of  eight  dollars  for  two 
days  service  as  Door  Keeper  to  the  Convention. 

Resolved,  That  Ritchie  and  Dunnavant  be  allowed  the  sum  of  sixteen  dollars 
and  fifty  cents  for  printing  five  hundred  rolls  of  members  of  the  Convention. 

The  resolutions  submitted  on  Saturday  last,  by  Mr.  Willfy, 
being  the  unfinished  business,  were  taken  ii[),  and  pending  the 
further  consideration  of  the  same,  the  hour  arrived  for  the  exe- 
cution of  the  order  of  the  day. 

In  pursuance  of  said  order,  the  Convention  then  resolved 
itself  into  a  Committee  of  the  Whole,  Mr.  Southall  in  the 
Chair.  After  some  time  passed  in  Committt^e  of  the  Whole, 
the  President  resumed  the  Chair,  and  Mr.  Southall  reported 
that  the  Commiit<!e  had  made  some  progress  with  the  matter  re- 
ferred to  them,  but  had  come  to  no  conclusion  thereupon. 

On  motion  of  Mr.  Hall,  of  Lancaster,  the  Convention  ad- 
journed. 


JOURNAL  OF  THE  CONVENTION.  119 


Saturday,  March  23,  1861. 

The  Conveiuion  assembled  at  10.^  oVlock,  A.  M. 

Pniyer   hy  the    Khv.   Mr    Van   Dykk,  of    the   Presbyterian 

Clinrph,  Bmoklyn,  N.  Y. 

Mr.  CoNKAD  siibiiiitied  the  following  resolution: 

Rexoli-ed,  That  on  and  alter  Monday  next,  and  iiniil  fiirtlicr  orderrd,  this  Con- 
vention shall  he  called  to  order  ;it  10  o'eloek.  A.  M.;  at  half  past  10  shall  resolve 
itself  inio  Committee  of  the  \\  hole,  npon  the  reports  from  the  Committee  on 
Federal  Relations;  at  2  o'eloek  said  Committee  of  the  Wiiole  shall  take  a  recess 
until  4  o'clock,  when  it  shall  resume  its  session. 

Mr.  PiucK  demnu'ied  the  previous  qnestinn.  which  was  sus- 
tained, ai;d  being  put,  was  decided  in  the  i-lllr. native. 

jMr.  RoissEAu  preseiued  a  report  of  the  proceedings  of  a  meet- 
ing held  in  the  county  of  Diiiwiddie,  whirh  was  read  and  or- 
dered to  l)e  referred  to  the  Comuiittt'e  on  Federal  l^elalions. 

Mr  Morton  presented  a  report  of  the  proreeJings  of  a  meet- 
ing held  ni  the  county  of  Greene,  which  was  read  and  ordered 
to  be  referred  to  the  Committet;  on  Federal  [Illations. 

Mr.  Makvk  presented  a  report  of  the  proreedings  of  a  meet- 
ing held  in  the  county  of  l^potsylvania,  whieh  was  read  and  or- 
dered to  be  referred  to  the  Conjinitlee  on  Federal  Relations. 

On  motion  of  Mr.  Montague,  the  lollowing  resolution  was 
adopted : 

Frsohed.  That  the  Clerk  of  this  Convention  inquire  into  and  report  why  tiie 
speeches  of  the  Con^missioners  from  South  Carolina,  Georgia  and  Mississippi 
have  not  been  ])rinted,  as  ordered  by  the  Convention. 

l^lie  resolutions  submitted  on  Saturday  last,  being  tiie  un- 
finished business,  were  taken  up,  and  pending  the  further  con- 
sideration thereof,  the  hour  arrived  f)r  the  execution  of  the  order 
of  the  day. 

In  pursuance  of  said  order,  the  Convention  then  resolved  it- 
self into  a  Committee  of  the  Whole,  Mr.  Southall  in  the  chair. 
After  some  time  passed  in  Committee  of  the  Whole,  the  Presi- 
dent resumed  the  chair,  and  Mr.  Southall  reported  that  the 
Committee  had  made  some  progiess  with  the  matter  referred  to 
them,  but  had  come  to  no  conclusion  thereuj^on. 

Mr.  Barbour,  of  Culpcper,  presented  a  report  of  the  proceed- 
ings of  a  meeting  held  in  said  county,  which,  on  his  motion, 
was  read  and  laid  upon  the  table. 

Mr.  DoRMAN  submitted  the  following  resolutions,  which,  on 
motion  of  Mr.  Brown  were  laid  upon  the  table: 

Resolved,  That  this  Convention  recommends  to  the  General  Assembly  the  pas- 
sage of  a  law  imposing  a  license  tax  on  the  sale,  by  retail,  within  Virginia,  of 
the  products  or  manufactures  of  such  Northern  States  as  continue  to  retain  offen- 
sive acts,  of  the  character  known  as  "Peisonal  Liberty  Bills,"  amongst  their 
statutes;  guarding,  however,  in  such  law  against  any  infringement  of  the  provi- 
sions of  the  Federal  Constitution. 

Resolved,  That  the  President  of  the  Convention  cause  copies  of  the  foregoing 
resolution  to  be  communicated  forthwith  to  the  two  Houses  of  the  General  As- 
sembly. 

On  motion  of  Mr.  Price,  the  Convention  adjourned. 


JOURNAL  OF  THE  CONVENTION.  119 

3v         ^ 

Monday,  March  25,  1861. 

The  Convention  assembled  at  10  o'clork,  A.  M. 

Prayer  by  the  Rev.  Mr.  Solomon,  of  ihe  Disciples'  Church. 

The  President  presented  the  following  report  frotn  the  Secre- 
tary of  the  CoMvoiition,  in  response  to  a  rcsolntion  adopted  on 
Saturday  last,  calling  for  iiifirn)aiion  in  regard  to  the  printing  of 
the  speeches  of  the  (Jonnnissioners  from  South  Carolina,  Geor- 
gia and  Mississippi,  which  was  read  and  laid  Upon  the  table: 

RiciiMON-D,  March  25,  1861. 
Hon.  John  Janket,  President  rf  Ihe  Convention: 

Dear  Sir, — In  accordance  with  a  rcsolntion  adopted  l)y  the  Convention  on  Sa- 
turday last,  directing;  "the  Clerk  to  inquire  into  and  report  why  the  speeches  of 
the  Commissioners  from  South  Carolina,  Georgia  and  Mississippi,  have  not  been 
printed  as  ordered  by  the  Convention,"  I  addressed  a  note  to  VVyatt  JVl.  Elliott, 
Esq.,  printer  to  the  Convention,  transmitting  a  copy  of  said  resolution,  and  in  re- 
sponse thereto,  received  from  him  the  enclosed  communication. 

llespcctfully, 

JOHN  L.  IXTBANK, 
Stcrctary  rf  Convention. 

Richmond,  V^a.,  March  25,  1861. 
Dear  Sir, —  I  have  your  note   enclosing  resolution  of  inquiry,  adopted  by  the 
Convention,  in  regard  to  delay  in  printing  the  speeches  of  the  Southern  Commis- 
sioners, ordered  some  time  since. 

In  reply,  I  beg  to  say,  liiat  the  small  number  of  these  speeches  ordered  to  be 
printed,  coupled  with  the  fact  that  they  had  already  been  published  in  the  nev/s- 
papers,  induced  me  to  believe  that  the  purpose  of  the  Convention  in  printing  was 
rather  to  preserve  than  to  circulate,  and  hence  the  delay.  Up'  n  the  first  intima- 
tion that  a  (liflerent  purpose  influenced  the  Convention,  and  that  they  desired  the 
prompt  execution  of  the  order,  the  work  was  put  in  hand,  and  will  be  delivered 
to-morrow  and  next  day  complete. 

Respectfully, 

W.  M.  ELLIOTT. 
Ti)  John  L.  Evbank,  Sceretarv  of  Ihe  Convention. 

The  resolutions  submitted  by  Mr.  Willey  on  Saturday  the 
16t!i  inst.,  being  the  unfiiiislied  business,  were  taken  tip,  and 
pending  the  further  consideration  tliereof,  the  hom*  arrived  for 
the  execulion  of  the  order  of  the  day. 

In  pursuance  of  said  order,  the  Convention  then  resolved  it- 
self into. a  Committee  of  the  Whole,  Mr.  Southall  in  the  chair. 
After  some  tiiue  passed  in  Committee  of  the  Whole,  the  Presi- 
dent resinned  the  chair,  and  Mr.  PjacK,  who  presid-'d  as  chair- 
man of  the  Comniitiee  of  the  Whole,  at  the  afternoon  session, 
report(!d  that  they  had  made  some  progress  with  the  ujatter  re- 
ferred to  them,  but  had  come  to  no  conclnsiou  thereupon. 

Mr.  Caulile  moved  that  the  Convention  adjourn  sine  die. 

Pending  which,  on  motion  of  Mr.  Nelson,  the  Convention 
adjourned. 


APPENDIX  TO  THE  JOURNAL, 


COMMENCING   WITH 


A  JOURNALIZED   RECORD 


OF    IHE 


I>ROCEIi:i3INaS 


IN 


COmilTTEE  OF  THE  WHOLE 


UPON 


FEDERAL    RELATIONS. 


I»I1.00E3E3I>II"J-OS 


IN 


COMMITTEE  OF  THE  WHOLE. 

• 


Friday,  March  15,  1861.    ^"^ 

The  Committee  of  the  Whole  took  up  the  report  from  the 
Committee  on  Federal  Relations,  and  pending  the  consideration 
thereof. 

On  motion  of  Mr.  Randolph,  the  Committee  rose. 


Thursday,  March  21,  1861.   ^ 

Mr.  Carlile  moved  to  amend  the  report  of  the  Committee  on 
Federal  Relations,  by  striking  out  the  whole  report,  and  in- 
serting in  lieu  thereof  a  proposition  which  is  included  among 
the  documents  hereto  appended. 

Pending  the  consideration  thereof,  on  motion  of  Mr.  Carlile, 
the  Committee  rose. 


Monday,  March  25,  1861.^^ 

Mr.  Clemens  called  for  the  division  of  the  question,  which 
was  negatived. 

The  question  upon  the  motion  of  Mr.  Carlile  to  amend  the 
report  of  the  Committee  on  Federal  Relations,  by  striking  out 
the  whole  report,  and  inserting  in  lieu  thereof,  the  proposition 
submitted  by  him  on  the  21st  inst.,  was  put  and  decided  in  the 
negative — yeas  4,  nays  116. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


On  motion  of  Mr.  Scott,  of  Fauquier,  the  vote  Avas  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  James  Burley, 
John  S.  Carlile, 


Messrs.  Chester  D.  Hubbard, 

George  McC.  Porter-— 4. 


The  names  of  those  who  voted  in  the  negative  are — 


Armstrong, 


Messrs.  Wm.  M.  Ambler, 
Edward  M 
William  J3.  .^on, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Caleb  Boggess, 
James  Boisseau, 
Peter  B.  Borst, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A,  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
John  R.  Chambliss, 
Manilius  Chapman, 
Sherrard  Cleniens, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Bobert  Y.  Conrad, 
James  H.  Cox, 
Richard  H.  Cox, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
W^illiam  H.  Dulany, 
Jubal  A.  Early, 
John  Echols, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 


Messrs.  John  J.  Jackson, 

Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  xMarshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Edmund  T.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Richardson, 
Robert  E.  Scott, 
John  T.  Seawell, 
John  D.  Sharp, 
James  W.  Shetfey, 
Thomas  Sitlington, 
John  M.  Speed, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr., 
Thomas  F.  Goode, 
Addison  Hall, 
Cyrus  Hall, 
Ephraiin  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
James  P.  Holcombe, 
J.  G.  Holladay, 
George  W.  Hull, 
Lewis  D.  Isbell, 


Messrs.  Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Sanmel  Woods — 116. 


On  motion  of  Mr.  Nelson,  the  Committee  rose. 


Tuesday,  March  26,  186L 


33 


The  consideration  of  the  report  of  the  Committee  on  Federal 
Relations  was  resumed. 

While  INIr.  Amrler  was  occupying  the  floor,  having  been  re- 
cognized by  the  Chairman,  Mr.  Price,  he  was  interrupted  by  the 
Chairman  with  an  explanation  of  the  question  before  the  Com- 
mittee, before  concluding  which, 

jNIr.  Nelson  claimed  the  floor  under  the  practice  of  the  Com- 
mittee, he  having  submitted  the  motion  for  the  Committee  to 
rise  at  the  close  of  the  sitting  of  yesterday. 

Mr.  Ambleu  propounded  an  interrogatory  to  the  Chairman, 
and  the  Chairman  having  answered  the  same  in  part,  decided 
that  Mr.  Nelson  was  entitled  to  the  floor. 

jNIr.  Ambler  appealed  iVom  this  decision,  and  the  question 
being  put,  "  Shall  the  decision  of  the  Chair  stand  as  the  judg- 
ment of  the  Committee?"  was  decided  in  the  affirmative. 


6 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Mr.  Hall,  of  Wetzel,  moved  to  amend  the  report  of  the  Com- 
mittee by  striking  out  all  after  the  preamble,  and  inserting  a  pro- 
position which  is  contained  among  the  documents  hereto  ap- 
pended. 

Subsequently,  Mr.  Hall  proposed  to  withdraw  the  proposi- 
tion, but  objection  being  made,  the  question  was  put  on  granting 
leave  to  Mr.  Hall  to  withdraw  the  said  proposition,  and  was  de- 
cided in  the  negative, 

Mr.  FisnEii  moved  that  the  Committee  rise,  and  the  question 
being  put,  was  decided  in  the  negative — yeas  37;  nays  76. 

On  motion  of  Mr.  Fisher,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
William  W.  Boyd, 
John  R.  Chambliss, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
William  L.  Goggin, 
John  Goode,  Jr. 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Ilunton, 
Lewis  D.  Isbell, 
John  R.  Kilby, 
John  J.  Kindred, 


Messrs.  James  Lawson, 

Walter  D.  Leake, 
William  H.  INlacfarland, 
Charles  K.  Mallory, 
John  L.  Marye,  Sr. 
Robert  L    Montague, 
Edmund  T.  Morris, 
William  J.  Neblett, 
George  W.  Randolph, 
George  W.  Richardson, 
John  T.  Seawell, 
James  M.  Strange, 
John  T.  Thornton, 
Franklin  P.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Henry  A.  Wise, 
Samuel  Woods — 37. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  E 


M.  Armstrong, 


William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
George  \V.  Brent, 
William  G.  Brown, 
Jtilin  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 


Messrs.  J.  G.  Holladay, 

Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marniaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  B.  Mallory, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
_  John  A.  Carter, 
Manilius  Chapman, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
Harvey  Deskins, 
James  B.  Dorinan, 
William  H.  Dnlany, 

/•  Jubal  A.  Early, 

John  Echols, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  jM.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 


Messrs.  James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffet, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Edmund  Pendleton, 
George  McD.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sillington, 
Charles  R.  Slaughter, 
Samuel  G,  Staples, 
Chapman  J.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
W.  T.  Willey— 76. 


Subsequently,  Mr.  Wise  moved  that  the  Committee  rise,  and 
the  question  being  put,  was  decided  in  the  negative — yeas  32j 
nays  63. 

On  motion  of  Mr,  Jackson,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
William  W.  Boyd, 
Manilius  Chapman, 
Samuel  A.  Colfman, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Samuel  M.  Garland, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
John  R.  Kilby, 
James  Lawson, 
Walter  D.  Leake, 
Wm.  H.  Macfarland, 


Messrs.  Charles  K.  Mallory, 
James  B.  Mallory, 
John  L.  Marye,  Sr. 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
James  VV.  Sheffey, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Henry  A.  Wise, 
Samuel  Woods— 32. 


8 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  E.  M.  Armstrong, 
WilUam  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  W.  Berlin, 
Caleb  Boggess, 
William  G.  Brown^ 
John  S.  Bnrdett, 
James  Biirley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell; 
John  A.  Carter, 
Shcrrard  Clemens, 
C.  B.  Conrad, 
Robert  Y,  Conrad, 
James  II.  Cox, 
W.  II.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
II.  L.  Gillespie, 
Peyton  Gravely, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hannnond, 
Alpht'us  F.  Raymond, 
James  W.  Hoge, 


Messrs.  J.  G.  Holladay, 

Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  liCwis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  Marshall, 
Thomas  Maslin, 
Ilcnrv  H.  Masters, 
Horatio  G.  Moffet, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Sanuiel  Price, 
David  Pugh, 
Timothy  Rives, 
John  D.  Sharp, 
Charles  R.  Slaughter, 
Chajmian  J.  Stuart, 
William  T.  Sutherlin, 
William  White, 
W.  T.  ^Villey— 63. 


After  some  time  had  elapsed,  Mr.  Turner,  of  Jackson,  moved 
that  the  Committee  rise,  and  the  question  being  put,  was  de- 
cided in  the  negative — yeas  32;  nays  59. 

On  motion  of  ^h.  Turner,  of  Jackson,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
William  W.  Boyd, 
l\Ianilius  Chapman, 
Raphael  ]M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 


Messrs.  Wm.  H.  Macfarland, 
Charles  K.  Mallory^ 
James  B.  Mall(jry, 
John  L.  Marye,  Sr. 
Edmund  T.  Morris, 
William  J.  Neblett, 


JOURNAL    OF   THE   CONVENTION.  135 

Tuesday,  April  2,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Pettigrew,  of  the  Disciples'  Church. 

The  resolutions  submitted  by  Mr.  Willey,  on  the  16th 
ultimo,  being  the  unfinished  business,  were  taken  up,  and 
pending  the  further  consideration  thereof,  the  hour  arrived  for 
the  execution  of  the  order  of  the  day. 

In  pursuance  of  said  order  the  Convention  resolved  itself  into 
a  Committee  of  the  Whole,  Mr.  Southall  in  the  chair,  after 
some  time  passed  in  Committee  of  the  Whole,  the  President 
resumed  the  chair,  and  Mr.  Southall  reported  that  the  Com- 
mittee had  made  some  progress  with  the  matter  referred  to  them, 
but  had  come  to  no  final  conclusion  thereupon. 

Mr.  Karly  presented  a  substitute  for  the  report  of  the  Com- 
mittee on  Federal  Relations,  which,  on  his  motion,  was  ordered 
to  be  printed. 

On  motion  of  Mr.  Echols,  the  Convention  adjourned. 


130 


JOTRXAT,  OF  THE  roxVEN'TIOX, 


FianvY,  April  5.  1S61. 

The  Conveiilion  assembled  at  10  oVlock,  A.  M. 

Prayer  by  the  Rev.  Mr.  W.alkkk,  of  the  Baiitist  Church. 

The  rt'snlutious  submitted  by  Mr.  Willf.y,  on  the  10th  ult., 
M'ith  the  ameiidmeuts  proposed  thereto,  being  the  unfinished 
business,  were  taken  up,  and  after  the  further  consideration 
thereof, 

Mr.  Sr.ArGHTER  moved  that  the  resolutions  and  proposed 
amendments  be  laid  upon  the  table. 

The  question  being  put,  was  derided  in  tlie  negative — yeas 
54;  nays  73. 

On  motion  of  Mr.  Willky,  the  vote  was  recorded  avS  follows: 

The  names  of  those  who  voted  in  the  aflirmative  are — 


Messrs.  William  M.  Ambler, 
Angus  R.  BlaUey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Boulditi, 
Thomas  Branch, 
George  W.  Brent, 
James  C  Bruce, 
John  A.  Carter, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
Miers  W.  Fisher, 
Thomas  S.  P^lournoy, 
.Samuel  ]\r.  Garland, 
Peyton  Gravely, 
John  Goode,  Jr. 
Addison  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  R.  Kilby, 
Walter  D.  Leake, 
Charles  K.  Mallory, 


Messrs.  James  B.  Mallorv, 
James  Marshall, 
John  Q..  Marr, 
John  Ti.  Marye,  Sr. 
Horatio  G.  Moffet, 
Robert  L,  Montague, 
Edmund  T.  Morris, 
William  J.  Neblett, 
Hugh  ^I.  Nelson, 
George  W.  Randolph, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
Charles?  R.  Slaughter, 
V'alentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
William  WHiite, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Sam'l  C.  Williams— 54. 


JOURNAL  OF  THE  COXVEXTIOX.  1  37 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  Jolm  Janney,  (Prcs't)  Messrs.  Chester  D.  Hnbbard, 

Edward  M.  Aruistrong,  John  N.  Hnghes, 

William  [i.  Aston,  George  W.  Hull, 

Alhed  AJ.  l3arhoiir,  John  J.  Jackson, 

(jeorge  IJaylor,  Peter  C.  Johnston, 

George  W.  IJeilin,  James  Lawson, 

Caleb  l3oiigess,  John  F.  l^ewis, 

William  \\  .  Hoyd,  William  MrComas, 

^Villl;tm  (i.  lirown,  .lames  C.  .Mf^Crew, 

Jt)hn  S.  Hiirdett,  Paul  MfNeil, 

James  Bmiey,  Hem-y  H.  Masters, 

Benjamin  W.  Byrne,  Jeremiah  Morton, 

John  A.  Cam))l>L'll,  .Saimiel  M?l).  Mnore, 

Jolm  JS.  Carlib',  Johnson  Orrick, 

William  V  Cecil,  l,(»g:m  Oshnrn, 

Manilins  Chapman,  William  C.  Parks, 

JSherrard  Clemens,  Spicer  Patrick, 

.San)Uel  A.  Cotl'man,  (leorge  McC.  l*orter, 

C.  B.  Conrad,  Wni.  Ballard  Preston, 

Ilohcrt  Y.  Conrad,  Samin'l  |*rice, 

James  II.  Conch,  l>)avid  Pngli, 

W.  II.  B.  Custis,  John  I).  Sharj.. 

Marshall  M.  Dent,  Jam<'s  W.  Shrilly, 

Harvey  Deskins,  Thomas  Siilingtnn, 

Jubal  A.  lOarly,  Burwell  S| unlock, 

John  I'Jchols,  Samnel  (J.  Staples, 

iS'ap.ileon  B.  French,  Alex.  II.  H.  Smart, 

(.'olbert  C.  Fiigatc,  Chapman  J.  Stnart, 

H.  li.  (lillespie,  (Icorge  W.  Snmmers, 

Samuel  I,.  Ciraham,  Campbell  'Parr, 

Algernon  S.  Gray,  George  P.  'Payloe, 

VVilliam  L.  Goegin,  Franklin  P.  Turner, 

F.  L.  Hale,      '  Waitman  'P.  Wdley, 

Cyrns  Hall,  Benjamin  Wilson,' 

Ephraim  B.  Hall,  Saninel  Woods, 

Alpheus  F.  Haymond,  Benj.  F.  Wysor — 7.'3. 
James  W,  Hoge, 

The  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  the  Convention,  in  pni-suance  of  said  order,  resolved  itself 
into  a  Committee  of  the  Whole,  Mr.  Southall  in  the  chair. 
After  some  time  passed  in  Committee  of  the  Whole,  the  Prdsi- 
DEXT  resumed  the  chair,  and  Mr.  Sothall  reported  that  the 
Committee  had  made  some  progress  with  the  matter  referred  to 
them,  but  had  come  to  no  final  conclusion  thereupon. 

On  motion  of  Mr.  Staplf.s,  the  <'onvention  adjourned. 


138 


JOURNAL    OF    THE    COXVEXTTOX. 


Saturdaa',  April  6,  1861. 
The  Convention  assembled  at  10  o'clock    4   M 
IVayer  by  the  Rev.  Mr.  Walker,  of  the  Baptist  Ch.irch. 
Mr.  BouLDix  presented  a  report  of  the  proceedings  of  a  meet- 
mg  held  HI  the  county  of  Charlotte,  which  was  read\nd  ordered 
to  be  referred  to  the  Comnnttee  on  Federal  Relations 
Nnl'ii     "?'"''''"/  presented  two  memorials  from  the  con nty  of 
Norfolk,  askmg  for  the  passage  of  an  Ordinance  of  Secession 

m   F  d^M  VT  r'  "^^  "■'^^^^'  ^"  ^^  '-^^^^^^d  '^  ^he  Co^n  tt  e 
on  t' cueral  Relations. 

Mr.  .TnnxsoN-  presented  a  memorial  from  citizens  of  the  city 
sim^  wl'"7  '  '''""!  '"'  '!'^  ^'''''''^^  ^^  ^''  Ordinance  of  Seces^ 
^o^l^^Feder^i^Sr'  "'^^^"  "  '^^  '''^''^'  '^  ''^  ^-^-^- 

Mr  Macfari  AND  presented  a  resolution  adopted  by  a  meetin- 

itself  mtoTr""  ""^l^''  ''I'^T  ""^  '^"'-  '^"^y  ^''«  ^^'^"vention  resolved 
Vtev  no  tf '"'"'"''7'  '';?  ^^'"^'"'  '^^'•-  '^^'^-THALL  in  the  chair. 
Altei  some  tnne  passed  in  Committee  of  the  Whole    the  Prfsi 

then  1  T  '  "'^^^^^-^^r  P'-'^g'-^^^  ^vith  the  matter  referred  to 
them  but  had  come  to  no  final  conclusion  thereupon. 

iVJr.  1  RESTON  submitted  the  following  preamble  and  resolution: 

.i.e  H:i-c:;j;:d'!;:;;r;;;;""^!;;^r^         ••-  .mcenainty  which  prevails  in 

towL  the  ertMleVs  ates'^rsev.Pp''1'  '!"^.  ^•■"^■•^'  ^"vernnu.nt  intet.ds  to  pursue 
ir.terests  of  the  iomUry  timls  ,  k  !'f  '"J"'"'"'  '"  ''"'  '"^'"^"•''^l  ^"^  commercial 
the  adi^.stme  t  of  no„;i;.<!  *  ,h  '  "''."1  '"^''"^"'♦^n*  v^fiieh  is  unfavorable  to 
peace;  Iherefore,  '  '  'I'tticultics,  and  threatens  a  distnrbance  of  the  public 

to  «"u';:;!;.u'^,t''preX,t"o7H^  three  delegates  be  appointed  by  this  (Convention 

fu.licy  which  the  ^nZ!.  L^  r.i  IV'".  '°  ^""'municate  to  this  Convention  the 
.^onrloVheConUertl's^^^^^^^^^         '"'^''^^'  ^•-■— "  —1  »>  pursue  in  re- 

nes^swH^^i^'n"^^'  '■''''''^,  ^j^l^'^^^tJon  of  order,  viz:  "that  no  busi- 
on  the  I  i  nn  "■  ""'•'  l^'l  ^^^^'"^''^"■^-  •^obuntK-d  by  Mr.  Willev 
d  st^ot  1  o  T\  '"^'^ '  the  amendments  proposed  thereto,  were 
disponed  ol,     which  point  of  order  the  Presiokxt  overniled. 

Mi.h.ARLY   raised   a  tpiestion   of  order,  viz:    ''that  it  is   not 
-mpetetu  to  consider  the  preamble  and  re'solution    ul  m  tted     y 

den  R^hT""'  '''^''?"^  ^'r  *''-^'-S'"^'  the  Connnitfee  on  iv 
deial  Relations,     which  the  President  also  overruled. 


JOURXAL  OF  THE  COX^TJNTION.  139 

Mr.  Caulile  moved  that  tlie  Convention  adjourn,  which  was 
negatived. 

Mr.  Carlii.e  moved  to  amend  the  preamble  by  inserting  after 
the  word  '^States,"  the  f^)llowing:  ''And  as  to  the  poHcy  which 
the  seceded  States  intend  to  pursue  towards  the  General  Govern- 
ment," and  the  question  being  put,  was  derided  in  the  negative. 

Mr.  Carlile  moved  to  aniend  the  resolution  by  adding  thereto 
the  following:  "And  that  a  hke  Cominiltee  be  appointed  to  wait 
upon  the  seceded  States,  and  report  to  this  (Convention  what 
policy  they  intend  to  pursue  towards  the  General  Government;" 
and  the  question  being  put,  was  decided  in  the  negative. 

Mr  Makk  called  the  previous  question,  which  was  seconded, 
and  pending  the  further  consideration  thereof, 

On  motion  of  Mr.  Dopman,  the  Convention  adjourned. 


JOURNAL  OF  THE  COXVEXTIOX.  157 


i 


'i 


Saturday^  April  13,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Bosserman,  of  the  Universali^t 
Church. 

Mr.  Wise  presented  two  propusitions,  (Plan  No.  I.  and  Plan 
No.  II.,)  to  be  severally  proposed  by  hiin  as  substitutes  for  the 
entire  report  of  the  Committee  on  Federal  Relations;  which,  on 
his  motion,  were  ordered  to  be  printed,  and  referred  to  the  Com- 
mittee of  the  Whole. 

Mr.  Speed  presented  an  amendment,  by  way  of  addition,  to 
the  entire  report  of  the  Committee  on  Federal  Relations,  which, 
on  his  motion,  was  ordered  to  be  printed,  and  referred  to  the 
Committee  of  the  Whole. 

Mr.  Parks  presented  a  memorial  from  citizens  of  the  county 
of  Grayson,  asking  for  the  passage  of  an  ordinance  of  imme- 
diate secession,  which  was  ordered  to  be  referred  to  the  Com- 
mittee on  Federal  Relations. 

Mr.  Campbell  presented  similar  niemorials,  and  also  a  re- 
monstrance from  citizens  of  the  county  of  Washington,  which 
were  ordered  to  be  referred  to  the  same  Committee. 

Mr.  Wise,  by  general  consent,  withdrew  his  appeal  from  the 
decision  of  the  Chair,  upon  the  question  of  order  raised,  yester- 
day, by  Mr.  Morris. 

The  President  presented  a  communication  from  the  Execu- 
tii-^e  of  the  Commonwealth,  transmitting  the  following  telegram 
from  the  Governor  of  South  Carolina: 

Charleston,  S.  C,  April  12,  1861. 
Covernor  Letcher, — Your  telegram  is  received.     It  is  true,  and  still  continues. 
No  damage  done  to  any  one  on  our  side, or  to  our  works.     Great  damage  to  Fort 
Sumter. 

F.  \V.  PICKENS. 

The  resolution  submitted  by  Mr.  Price,  on  yesterday,  being 
the  unfinished  business,  was  taken  up. 

Mr.  Wise  moved  a  call  of  the  House,  to  ascertain  if  a  quorum 
was  present. 

The  roll  was  called  and  the  following  members  responded: 

Messrs.  John  Janney,  (Pres't)  Messrs.  Eppa  Hunton, 

Wm.  M.  Ambler,  Lewis  D.  Isbell, 

Edward  M.  Armstrong,  John  J.  Jackson, 

WiUiamB.  Aston,  Peter  C.  Johnston, 

John  B.  Baldwin,  Robert  C.  Kent, 

Al fired  M.  Barbour,  James  Lawson, 

James  Barbour,  Walter  D.  Leake, 


158 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Caleb  Boggess, 
Peter  B.  Borst, 
William  W.  Boyd, 
Thomas  BrancFi, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Biirdett, 
James  Burley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Sherrard  Clemens,  • 
Samuel  A.  Coffman, 
Raphael  M,  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Colbert  C.  Fugate, 
Sanuiel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  P.  Holcombe, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 


Messrs.  John  F.  Lewis, 

William  McComas, 
James  C.  McGrew, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Fleming  13.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  McU.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pedleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
George  W.  Richardson, 
Timothy  Rives, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlingtnn, 
(yharles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
James  M.  Strange, 
Campbell  Tair, 
George  P.  Tayloe, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.   Wickham, 
Waitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor, 


JOURNAL    OF   THE    CONVENTION.  259 

A  quorum  being  present, 

On  motion  of  Mr.  Wise,  all  further  proceedings  under  the 
call  were  dispensed  with. 

The  hour  having  arrived  f  ^r  the  execution  of  the  order  of  the 
day,  tlie  Convention  resolved  itself  into  a  Committee  of  the 
Whole,  Mr.  South  all  in  the  chair.  After  some  time  passed  in 
Committee  of  the  Whole,  the  President  resumed  the  chair, 
and  Mr.  Southall  reported  that  the  Committee  had  made  some 
progress  with  the  matter  referred  to  them,  but  had  come  to  no 
conclusion  thereupon. 

The  President  presented  the  following  communication  from 
the  Executive  of  the  Commonwealth: 

Executive  Department,  ) 
April  13,  1861.  S 
Grntlemsn  of  the  Cnnventinn, — Since  your  adjournment,  this  mornine;,  1  have  re- 
ceived another  dispatch  from  liis  Excellency,  Governor  Pickens,  which  is  here- 
with communicated.  I  consider  it  a  duty,  to  communicate  any  dispatch  that 
may  he  sent  to  mc,  by  the  Governor  of  a  State.  In  reply  to  the  inquiry  with 
which  the  dispatch  closes,  I  have  replied,  "the  Convention  now  in  session  will 
determine  what  Virginia  will  do." 

Respectfully. 

JOHN  LETCHER. 

The  telegram  was  read  for  the  information  of  the  Convention, 

as  follows: 

Charleston,  S.  C,  April  13,  1861. 
To  Governor  Letcher: 

I  received  yoiir  telc2;ram.  It  is  true  Fort  Sumter  was  bombarded  all  day  yes- 
terday, after  refusing  to  evacuate,  and  four  vessels  were  off  the  bar,  with  troops 
and  supplies  waiting"  the  tide  to  come  in,  and  the  fort  was  in  signal  with  them. 
President  Lincoln  sent  a  special  messenger,  and  informed  me  in  writing,  that 
supplies  would  be  put  in,  but  aslved  no  reply.  Not  a  man  at  our  batteries  has 
been  hurt,  though  the  fort  was  furious  in  its  fire  on  us.  Our  iron  battery  did 
great  damage  to  the  fort  at  the  south  wall.  Our  shells  fall  freely  in  the  fort, 
it  is  not  exactly  known  with  what  etfect;  it  is  supposed  serious,  as  they  are  not 
firing  this  morning.  Our  Enfield  battery  dismounted  three  of  his  largest  colum- 
biads.  We  will  take  the  fort,  and  can  keep  sixteen  mortars,  ten  inch,  all  the 
time  on  it,  besides  heavy  guns  that  will  give  no  peace  night  nor  day.  We  can 
sink  the  fleet  if  they  attempt  the  channeL  If  they  land  elsewhere,  we  can  whip 
them.  1  have  here,  now,  near  seven  thousand  of  the  best  troops  in  the  world, 
and  a  reserve  of  ten  thousand  on  our  rail  roads.  The  war  is  commenced,  and  we 
will  triumph  or  perish.  This  is  my  answer  to  you.  Please  let  we  know  what 
will  Virginia  do.     I  telegraph  you  cordially.  ^    ^    PICKENS. 

Mr.  Speed  presented  a  report  of  the  proceedings  of  a  meeting 
held  in  the  county  of  Campbell,  which  were  ordered  to  be  re- 
ferred to  the  Connnittee  on  Federal  Kelations. 

On  motion  of  Mr.  Baldwin,  the  Convention  adjourned. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


17 


Messrs.  Charles  R.  Slaughter) 
Valentine  W.  8authall, 
John  M.  Speed, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  M.  Tredway, 
Edward  Waller, 
Robert  H.  Wliitfipid, 
Waitman  T.  Willey, 
Benjamin  Wilson — 74. 


Messrs.  Thomas  Maslin, 

Horatio  G.  MofFett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 

Mr.  Fisher  moved  to  amend  the  said  resolution,  by  striking 
out  the  words,  'Uhe  people  of  each  State  agreed  to  associate  with 
the  people  of  the  other  States  upon  a  footing  of  exact  equality," 
and  inserting  in  hen  thereof,  ''each  State  acceded  as  a  State,  and 
is  an  integral  party,  and  its  co-States  forming,  as  to  itself,  the 
other  party." 

The  question  being  put,  was  decided  in  the  negative — yeas 
14;  nays  113. 

On  motion  of  Mr.  Cox,  of  Chesterfield,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 
Messrs.  Angus  R.  Blakey,  Messrs.  .Tohn  Goode,  Jr. 


James  Boisseau, 
Ra])hacl  M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 


Lewis  D.  Isbell, 
Robert  C.  Kent, 
Robert  L    Montague, 
Edmund  T.  Morris, 
Henrv  A.  Wise, 
Samuel  Woods — 14. 


The  names  of  those  who  voted  in  the  negative  are — 
Messrs.  .Tohn  Janncy,  (Prcs't)  Messrs.  Marmaduke  Johnson, 


Wm,  M.  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Peter  B.  Borst, 


Peter  C.  Johnston, 
John  R.  Kilby, 
James  Lawson, 
John  F.  Lewis, 
William  McComas, 
.lames  C.  McGrew, 
Paul  McNeil, 
Charles  K.  Mallory, 
James  B ,  JMallor y, 
James  Marshall, 


18 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  William  W.  Boyd; 
Thomas  Branch, 
George  W".  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T,  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coftman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
James  H.  Couch^ 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dnlany^ 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Grav^ely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Thomas  F.  Goode, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


George  W.  Hull, 
Eppa  Hunton, 
John  J.  Jackson, 
The  first  resolution  was  then  adopted 


Messrs.  John  Q.  Marr, 

John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B  •  Miller, 
Horatio  G.  Moffet, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Johnson  Orrick, 
Logan  Osbiirn, 
William  C.  Parks, 
Spicer  Patrick, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
Robert  H.  Whitfield, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Benj.  F.  Wysor— 113. 


JOURNAL  OF  THE  COMIIITTEE  OF  THE  WHOLE. 


19 


Mr.  Wise  moved  to  amend  the  second  resolution  bv  inserting 
after  the  word  ^; exists,"  in  the  second  h-ne,the  following  words'' 
"and  of  the  pohtical  system  of  the  United  States  "  ' 

The  question  being  "put,  was  decided  iu  the  ^"leffative— veas 
3/ ;  nays  90.  °  ^ 

On  motion  of  Mr.  Woods,  the  vote  M^as  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmativ 


Messrs.  James  Barbour, 

Angus  R.  Bhikey, 
James  Boisseau, 
Peter  B.  Borst, 
Thomas  Brancli, 
Frederick  M.  Cabell, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coifman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Feudal  1  Gregory,  Jr. 
John  Goode,  Jr. 
Fppa  Hunton, 
Lewis  D.  Isbell, 


'e  are — 

Messrs.  Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
William  C.  Parks, 
George  W.  Richardson, 
John  T.  Seawell, 
James  VV.  Sheffey, 
John  M.  Speed, 
James  M.  Strange, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Henry  A.  Wise, 
Samuel  Woods— 37. 


The  names  of  those  who  voted  in  the  negative  are- 
Messrs.  John  Janney,  (Prcs't)  Messrs.  George  AV.  Hull, 


Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 


John  J.  .lackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Ahislin, 
Hemy  H.  Masters, 
Horatio  G.  MofTett, 


20 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter^ 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jnbal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Hayniond, 
James  W.  Hoge, 
J.  G.  HoUaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


Messrs.  Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Bur  well  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  VV.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Edward  Waller, 
Waitman  T.  Willey, 
Benj.  F.  Wysor— 9D. 


The  second  resolution  was  then  adopted. 

On  motion  of  Mr.  Jackson,  the  Committee  rose. 


JOUENAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


21 


^1 


Thursday,  April  4,  1861. 

The  consideration  of  the  report  of  the  Committee  on  Federal 
KeJations  was  resumed.  euerdi 

The  third  resolution  was  read  and  adopted 

Commitfee^ri;:.^  ''  "'^"^"  ^^^^  ''  ^'^^°^^^'  ^'^  --^^  that  the 

dei^tstill'^irV^-^'- ®°''''""^.^.')  "^^^^  '^^  ^^^tion  ontof  or- 
dei,  basing  the  decision  upon  his  construction  of  a  resolution 
adopted  in  Convention  on  the  23d  ult  i'^t,uiuuon 

On  motion  of  Mr.  Price,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are- 


Messrs.  .Tohn  Janney,  (Preset)  Messrs 

William  13.  Aston, 

Alfred  M.  Barbour, 

George  Baylor, 

George  \V.  Berlin, 

George  Blow,  Jr. 

Caleb  Boggess, 

Wood  Bouldin, 

William  W.  Boyd, 

Thomas  Branch, 

George  W.  Brent, 

William  G.  Brown, 

John  S.  Burdett, 

Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
Manihus  Chapman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Conch, 
James  H.  Cox, 
Joim  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 


John  .1.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  Mc Comas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
Henry  H.  Masters, 
Horatio  G.  JMoffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  8cott, 
John  D.  Sharp, 
James  W.  Shelfey, 


22 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Jiibal  A.  Early, 
John  Echols, 
Thomas  S.  Floiirnny, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
William  L.  Goggin, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hannnond, 
Alpheus  F.  Ilaymond, 
James  VV.  Hogc, 
Chester  D.  Hubbard, 


Messrs.  Thomas  Sitlington, 

Charles  R.  Slaughter, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.   Wickham, 
W.  T.  Willey— So. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisscau, 
Peter  B.  Borst, 
James  C.  Bruce, 
William  P.  Cecil, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
John  N.  Hughes, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 


Messrs.  James  Lawson, 
Walter  D.  Leake, 
John  li.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
George  W.  Randolph, 
George  W.  Richardson, 
John  T.  Seawell, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 44. 


■  Mr  Wise  moved  to  amend  the  fourth  resolution  of  the  report 
of  the  Committee  on  Federal  Relations,  by  striking  out  the  word 
^'United"  from  the  third  line,  and  inserting  m  hen  thereof  the 
word  '' several."  The  question  being  put,  was  decided  m  the 
affirmative— yeas  6S;  nays  66. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


23 


On  motion  of  Mr.  Seawell,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
James  C.  Bruce, 
Allen  T.  Capcrton, 
William  P.  Cecil, 
Manilius  Cha)>man, 
Samuel  A.  Coffman, 
Raphael  M.  Gonn, 
C.  B.  Conrad, 
Richard  H.  Cox, 
Harvey  Deskins, 
James  B.  Dorman, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hiill, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Ha r vie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 


Messrs.  John  R.  Kilby, 
John  J.  Kindled, 
James  Lawson, 
Walter  D.  Leake, 
William  H.  Macfarland, 
Charles  K.Mallory, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
George  W.Randolph, 
George  W.  Richardson, 
John  T.  Seawell, 
James  W.  Shcffey, 
Charles  R.  Slaughter, 
Valentiue  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 68. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (PresH)  Messrs.  Marmaduke  Johnson, 

William  B.  Aston,  Peter  C.  Johnston, 

Alfred  M.  Barbour,  John  F.  Lewis, 

George  Baylor,  William  McComas, 

George  W.  Berlin,  James  C.  McGrew, 

Caleb  Boggess,  Paul  McNeil, 

Thomas  Branch,  James  B.  Mallory, 


24 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
John  A.  Campbell^ 
John  S.  CarHle, 
John  A.  Carter, 
Robert  Y.  Conrad, 
James  H.  Couch, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  li.  Goggin, 
Addison  Hall, 
Ephraim  B.  Hall, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hnbbard, 
John  N.  Hughes, 
John  J.  Jackson, 


Messrs.  James  Marshall, 

Henry  H.  Masters, 
Horatio  G.  Motfett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 

*  Robert  E,  Scott, 

William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
W.  T.  Willey— 66. 


On  motion  of  Mr.  Wise,  the  resolution  was  further  amended 
so  as  to  cause  the  first  seven  lines  to  read  as  follows: 

"4.  The  Territories  of  the  United  States  constitute  a  trust  to  be  administered 
by  the  General  Government  for  the  common  benefit  of  the  people  of  the  several 
States,  and  any  policy  in  respect  to  such  Territories  calculated  to  confer  greater 
benefits  on  the  people  of  one  or  more  of  the  States,  than  on  the  people  of  the  other 
States  is  contrary  to  equality  and  prejudicial  to  the  rights  of  some  for  whose  equal 
benefit  the  trust  was  created." 

Mr.  Morton  moved  to  amend  the  resolution  further,  by  striking 
out  the  following  clause: 

"If  the  equal  admission  of  slave  labor  and  free  labor  into  any  Territory,  ex" 
cites  unfriendly  conflict  between  the  systems,  a  fair  partition  of  the  Territories 
ought  to  be  made  between  them,  and  each  system  ought  to  be  protected  within 
the  limits  assigned  to  it,  by  the  laws  necessary  for  its  proper  development." 

The  question  being  put,  was  determined  in  the  negative — 
yeas  38;  nays  91. 

On  motion  of  Mr.  Coxrad,  of  Frederick,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Wm.  M.  Ambler,  Messrs.  Lewis  E.  Harvie, 

James  Barbour,  James  P.  Holcombe, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


25 


Messrs.  Angus  R.  Blakej, 
James  Boisseau, 
Peter  B.  Borst, 
John  S.  Carlile, 
William  P.  Cecil, 
Maniliiis  Cliapman, 
Samuel  A.  CofFinan, 
Raphael  M.  Conn, 
James  H.  Cox, 
Richard  H.  Cox, 
Miers  VV".  Fisher, 
Samuel  JM.  Garland, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 


Messrs.  Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 
Walter  D.  Leake, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Ncblett, 
George  W.  Randolph, 
George  W.  Richardson, 
John  T.  Seawell, 
James  M.  Strange, 
John  T.  Thornton, 
Robert  H.  Turner, 
Henry  A.  Wise, 
Samuel  Woods — 3S. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janne^^,  ( Prcst.)  Messrs, 
William  B.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Bnrdett, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 


James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mai  lory, 
James  B.  Mallory, 
James  Marshall, 
John  a.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osbnrn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 


26 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  John  Echols, 

Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Wilham  L.  Goggin, 
Addison  Hail, 
Ephraim  13.  Hall, 
Allen  C.  Hammond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComaSj 


Messrs.  Valentine  W.  Sonthall, 
John  M.  Speed, 
Burwell  Spurlock, 
Saranel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Sunnners, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  M.  Trcdway, 
Frank'lin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  VVilley, 
Benj.  Wilson— 91. 


The  fourth  resolution,  as  amended,  was  then  adopted. 

]Mr.  Flournoy  moved  to  amend  the  fifth  resolution  by  stri- 
king out  from  the  9th  and  lOth  lines,  the  words,  ''and  to  aid  in 
suppressing  domestic  insurrection." 

The  question  being  put,  was  decided  in  tbe  affirmative — yeas 
68;  nays  61. 

On  motion  of  Mr.  Goode,  of  Bedford,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
William  B,  Aston, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
AVood  Bouldin, 
William  \V.  Boyd, 
Thomas  Branch, 
James  C.  Bruce, 
William  P.  Cecil, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M,  Conn, 
Richard  H.  Cox, 
John  Echols, 
Miers  W.  Fisher, 


Messrs.  Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
James  B.  Mai  lory, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
John  T.  Seawell, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


27 


Messrs.  Thomas  S.  Flournoy,    Messrs. 
Napoleon  B,  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Ep])a  Hunton, 
Lewis  D.  Isbell, 
Peter  C.  Johnston, 


James  VV.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 68. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  .lanney,  (Preset)  Messrs. 
Edward  M.  Armstrong, 
Alfred  M.  Barbour, 
George  Baylor, 
Caleb  Boggess, 
George  W.  Breut, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H,.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 


Marmaduke  Johnson, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil,       . 
William  H.  Macfarland, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osbm'n, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Piigh, 
Robert  E.'Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Sanuicl  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 


28 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs,  James  W.  Hoge, 

Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson^ 


Messrs.  George  P.  Tayloe, 

Wilhams  C.  Wickham, 
Wait.  T.  Willey— 61. 


Mr.  Speed  moved  to  amend  the  resokition  fiuiher,  by  adding 
thereto  the  words,  "and  ought  not  to  be  tolerated  by  a  free 
people." 

The  question  being  put  was  decided  in  the  negative — yeas  53j 
nays  80. 

On  motion  of  Mr.  Montague,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
WiUiam  P.  Cecil, 
Manilius  Chapman, 
Samuel  A.  CofFman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
John  Critcher, 
John  Echols, 
Miers  W.  Fisher, 
Samuel  L.  Graham, 
John  Goode,  Jr., 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Marmaduke  Johnson; 
Robert  C.  Kent, 


Messrs.  John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Wm.  H.  Macfluland, 
James  B.  Mallorj, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
WiUiam  J.  Neblett, 
George  W.  Randolph, 
George  W.  Ricliardson,, 
AVilliam  C.  Scott, 
John  T.  Seawell, 
James  W.  ShefTey, 
John  M.  Speed, 
James  M.  Strange, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 53. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (Prest.)  Messrs.  John  N.  Hughes, 
Edward  M.  Armstrong,  John  J.  Jackson^ 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


29 


Messrs.  William  B.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W".  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jnbal  A.  Early, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate 
Sanuiel  M.  Garland, 
a.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 


Messrs.  Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  ].e\vis, 
William  McComas, 
James  C.  McGrew, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  MotTett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Gsburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlin^ton, 
C^harles  R.  Slaughter, 
Valentine  W.  SouthalL 
Burwi'll  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  M.  Tredway, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
W.  T.  Willey-SO. 


me  l^edeial  Government  ccasinij  to  eYocnfn  tlio  tr,1of  '/      jVu 
questinn  being  p,„,  „a,.  deci.le/i.uhe  ,'"1!™  '"''''     ""^  *« 

tl.e  ilfth  ,"X;i„'n"?'i  ',';  •■"»<"'^l..l^F>'triki"S  o.n  the  whole  of 


30 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


On  motion  of  Mr.  CarlilE;,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  aiRrmative  are — 


Messrs.  William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
John  S.  Carlile, 
Marshall  M.  Dent, 
Jubal  A.  Early, 
Chester  D.  Hubbard, 


Messrs.  John  N.  Hughes, 
John  J.  Jackson, 
John  F.  Lewis, 
James  C.  McGrew, 
Spicer  Patrick, 
George  McC.  Porter, 
Campbell  Tarr— 14. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
Wm.  M.  Ambler, 
E.  M.  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Caleb  Boggess, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Rajthael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
John  Echols, 
Miers  W.  Fisher, 


Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
William  McComas, 
Paul  McNeil, 
Wm.  H.  Macfarland, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Henry  PL  Masters, 
H(n-atio  G.  Moffet, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samnel  McD.  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  Sheffey, 
Thomas  Sitlington, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


31 


Messrs.  Thomas  S.  Floiirnoy, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samnel  M.  Garland, 
n.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
WiUiam  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrns  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alphens  F.  Haymond, 
.lames  VV.  Hoge, 
Jaiiiies  P.  Holcombc, 
George  W.  Hull, 
Eppa  Hun  ton, 
Lewis  t).  Ishell, 
Marmadnke  Johnson, 


Messrs.  Charles  R.  Slaughter, 
Valentine  VV.  Southall, 
John  x\L  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  \V.  Summers, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
Wilhain  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
AVaitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  AVise, 
Samuel  Woods, 
Benj.  F.  Wvsor— 114. 


Negatived. 


The  resolution  was  then  adopted. 
Mr.  Wilson  moved  that  the  Committee  rise. 
Mr.  Harvie  moved  to  amend  the  sixth  resolution,  by  striking 
out  the  wholcj  and  inserting  the  following:  ^  > 

Resolved,  That  an  ordinance  resuming  the  powers  delegated  by  Virginia  to  the 
Federal  Government,  and  provision  for  submitting  the  same  to  the  qualified  voters 
of  the  Commonwealth  for  their  adoption  or  rejection  at  the  polls  in  tlie  spring 
elections  in  May  next,  should  be  adopted  by  this  Convention. 

Mr.  GoGGiiv  submitted  an  amendment  to  the  proposed  amend- 
ment, Mdiich  he  subsequently  asked  leaA^e  to  withdraw,  but  ob- 
jection being  made,  the  question  on  granting  leave  was  put,  and 
decided  in  the  affirmative. 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Harvie,  and  being  put,  was  decided  in  the  negative — yeas  45; 
nays  89. 

On  motion  of  Mr,  Harvie,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


l<3 


^ 


Messrs.  W.  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 


Messrs.  John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
James  B .  Malloiy, 


32 


JOURXAL  OF  THE  COiBriTTEE  OF  THE  WHOLE. 


Messrs.  Peter  B.  Borst, 
Wood  Botildiii, 
Thomas  Branch, 
WiUiani  P.  Cecil, 
Maiiilius  Chapman, 
Raphael  M,  Conn, 
Richard  H.  Cox, 
JVliers  W.  Fisher, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
William  L.  Goggin, 
John  Goods,  Jr. 
F.  L.  Hale, 
L.  S.  Hall,- 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
licwis  1).  Isboll, 
Robert  C.  Kent, 


Messrs.  Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Randolph, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  Sheftey, 
John  M.  Speed, 
James  M.  Strange, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  'I'ylcr, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 45. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Jannoy,  (Preset)  Messrs. 
Ed'd  M.  Armstrong,! 


'U 


WilHam  B.  Aston, 
Alfred  .M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Hlow,  Jr. 
Caleb  Bogs^ess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Capi-rton, 
John  S.  Carlile, 
John  A.  Carter, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 


Marmadnkf  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilbv, 
John  F.  liewis,  . 

William  Mc Comas,  '^ 
James  C.  McGrev^  ' 
Paul  .AlcXeil, 
William  H.  Macfarland, 
James  Marshall, 
John  Q.'Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  ^Masters, 
Horatio  G.  AlolTett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Ednmnd  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


33 


Messrs.  Marshall  M.  Dent, 
Harvey  Deskiiis, 
James  13.  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 


Messrs.  Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Siilmgton, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  M.  T  red  way, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
W.  'l\  Willey, 
Benj.  Wilson— 90. 


On  motion  of  Mr.  Patrick,  the  Committee  rose. 


0  'l^ 
Friday,  April  5,  1861. 

The  consideration  of  the  report  of  the  Committee  on  Federal 
Relations  was  resumed. 

On  motion  of  Mr.  Critcher,  the  sixth  resolution  was  amended 
by  striking  out  the  words  "cast  off  obedience  to"  in  the  third 
line,  and  inserting  in  lien  thereof,  "dissolve  their  connection 
with." 

Mr.  MooHE  moved  to  amend  the  resolution  further,  by  striking 
out  the  word  "wrongs,"  in  the  second  Hue,  and  inserting  in 
lieu  thereof  the  word  "causes."  The  question  being  put,  was 
decided  in  the  negative — yeas  20;  nays  107. 

On  motion  of  Mr.  Harvie,  the  vote  was  recorded  as  fdllows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  George  W.  Berlin, 
Caleb  Boggess, 
William  G.  Brown, 
John  S.  Burdett, 


Messrs.  Peter  C.  Johnston, 
John  F.  Lewis, 
James  C.  McGrew, 
Henry  H.  Masters, 


34 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  James  Burley, 
John  S.  (Jarlile, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Marshall  M.  Dent, 
Jnbal  A.  Early,. 
Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 


Messrs.  Samuel  McD.  Moore, 
Spicer  Patrick, 
George  McC.  Porter, 
William  C.  Scott, 
John  D.  Sharp, 
Campbell  Tarr, 
William  White, 
Waitman  T.  Willey, 
Benjamin  Wilson — 26, 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Jainiev,  (Preset)  Messrs. 
William  M.  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Rouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
John  A.  Carter, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coflman, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
James  H.  Couch, 
Richard  H.  Cox, 
John  Critcher, 
,      W.  H.  B.  Custis, 
Harvey  Deskins, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 


Robert  C.  Kent, 
John  R.  Kilby, 
James  Lawson, 
Walter  D.  Leake, 
William  McComas, 
Panl  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  MofTett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Edmund  J^endleton, 
\\m.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Robert  E.  Scott, 
John  T.  Seawell, 
James  W.  ShefFey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 


JOURXAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  H.  L.  Gillespie,, 

Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Ha r vie, 
Alpheus  F.  Haymond. 
James  W.  Hoge, 
James  P.  Holcombe, 
George  W.  Hnll, 
Eppa  Hun  ton, 
Lewis  D.  Isbell, 
Marmaduke  Johnson, 


Messrs.  Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
John^T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Tnrner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 107. 


Mr.  SuTHERLiJV  moved  to  amend  the  resolution  further,  by 
inserting  after  the  word  '^hope,"  in  the  sixth  line,  the  words 
'^provided  the  authorities  at  Washington  shall  maintain  peaceful 
relations  with  the  seceded  States." 

Mr.  Sperd  moved  to  amend  the  proposed  amendment  by  add- 
ing thereto  the  following:  "and  not  seek  to  accnmulate  within 
the  limits  of  any  Southern  State  an  amount  of  troops  or  muni- 
tions of  war  not  required  for  purposes  of  external  defence,"  and 
the  question  being  put,  was  decided  in  the  negative— yeas  61; 
nays  75. 

On  motion  of  Mr.  Sheffey,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  j\L  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
W^ood  Bouldin, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Cotfman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
John  Echols, 
Miers  W.  Fisher, 


Messrs.  Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Seawell, 


36 


JOURNAL  OF  THE  COMMITTEE  OF  TEE  WHOLE. 


Messrs.  Samuel  M.  Garland, 
Samuel  L.  Graham, 
William  L.  Goggiii, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
licwis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Paul  McNeil, 


Messrs.  James  W.  ShefFey, 

Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Trod  way, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 6L 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
Edward  M.  Armstrong, 
William  IJ.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Barley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  C  rite  her, 
W.  H.  B.  Custis, 
Marshall  M    Dent, 
Harvey  Deskiiis, 


James  W.  Hoge, 
Chester  I).  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Joimson, 
Peter  C.  Johnston, 
John  R.  Kilhy, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
William  H.  Mac  furl  and, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G    Moffett, 
Samuel  McD.  Moore, 
Hugh  jNI.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  b^  Scott, 
John  D.  Sharp, 
Thomas  Siilington, 
Samuel  G.  Staples, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


37 


Messrs.  James  B.  Dorman, 
Jubal  A.  Early, 
Thomas  S.  Flnuriiny, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  8.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond. 


Messrs.  Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.   Wickham, 
Waitman  T.  VVillcy, 
Benjamin  Wilson — 75. 


The  question  recurred  upon  the  amendment  submitted  by  Mr. 
SuTiiERLiN,  and  beiug  put,  was  decid.id  in  the  negative. 

Mr.  Carlile  moved  to  amend  the  resolution  further,  by  striking 
out  the  words  "and  lamenting  the  wrongs  that  have  impelled 
some  of  the  States  to  dissolve  their  connection  with,"  and  in- 
serting in  lieu  thereof  the  words  ''caused  by  some  of  the  States 
casting  off  their  obedience  to;"  and  the  question  being  put  was 
decided  in  the  negative. 

Mr.  BouLDiN  moved  to  amend  the  resolution  further,  by  striking 
from  the  sixth  line  the  words  "indulge  the  hope,"  and  inserting 
in  lieu  thereof,  "earnestly  desire;"  and  the  question  being  put, 
was  decided  in  the  affirmative — years  133;  nays  5. 

On  motion  of  Mr.  Brown,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  afHrmative  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
Edward  M.  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 


John  R.  Kilby, 
John  J.  Kiiidied, 
James  Lawson, 
Walter  D.  Leake, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mai  lory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 


38 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  John  S.  Carlile, 
John  A.  Carter, 
WilHam  P.  Cecil, 
John  R.  Chambhss, 
ManiUus  Cha])man, 
Sherrard  Clemens, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
Richard  H.  Cox, 
John  Crilcher, 
W.  II.  13.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  13.  Dorman, 
Juhal  A.  Early, 
Jojni  l'>,hols, 
Mwra  W.  Fisher, 
Tliomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillesjue, 
Sanuicl  L.  Graham, 
Peyton  Gravely, 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  VV.  Hoge, 
James  P.  Holcombe, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 


Messrs.  Samuel  McD.  IMoore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Eduuind  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pngh, 
George  W.Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Sea  well, 
John  D.  Sharp, 
James  W.  ShefFey, 
Thomas  Sitlington, 
Charles  R.  Slaugliter, 
Valentine  W.  Soulhall, 
John  M.  8j)eed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  II.  Stuart, 
Chapman  J.  Stuart, 
James  M    Strange, 
George  W.  Sinnmers, 
William  T.  Sntherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
W^illiarn  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 132. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  29 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  Wilh'am  M.  Ambler;,      Messrs.  Lewis  E.  Har-^ie, 

George  W,  Berlin,  William  J.  Neblett — 5. 

Caleb  Boggess, 

On  motion  of  Mr.  Speed,  the  resolution  was  further  amended 
in  the  seventh  line,  by  striking  out  the  word  "preserved," 
and  inserting  "reestablished." 

Mr.  Wise  moved  to  amend  the  resolution  further,  by  striking 
out  the  whole,  and  inserting  the  following: 

"Deeply  affected  by  the  present  distracted  condition  of  the  country,  and  re- 
sisting the  wrongs  that  have  impelled  some  of  the  States  to  dissolve  their  con- 
nection with  the  Federal  Government,  but  sensible  of  the  blessings  of  the  Union 
in  its  integrity,  and  impressed  with  the  importance  to  the  peace,  prosperity  and 
progress  of  the  people  of  observing  its  faith,  we  indulge  the  earnest  desire  that 
an  adjustment  may  be  reached  by  which  the  Union  and  peace,  prosperity  and 
fraternal  feelings  throughout  the  land  may  be  restored.  Virginia  should  not  offer 
or  adopt  any  terms  of  adjustment  which  ought  not  to  be  acceptable  to  the  seceded 
States  and  restore  them  to  the  Union." 

Mr.  Carlile  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  decided  in  the  negative — yeas  57; 
nays  S3. 

On  motion  of  Mr.  Brown,  the  vote  Avas  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Wm.  M.  Ambler,  Messrs.  John  J.  Kindred, 

James  Barbour,  Walter  D.  Leake, 

Angus  R.  Blake}',  Charles  K.  Mallory, 

James  Boisseau,  James  B.  Mallory, 

Peter  B.  Burst,  John  Q,.  Marr, 

Wood  Bouldin,  John  L.  Marye,  Sr. 

Thomas  Branch,  Robert  L.  Montague, 

James  C.  Bruce,  Edmund  T.  Morris, 

John  S.  Carlile,  Jeremiah  Morton, 

William  P.  Cecil,  William  J.  Neblett, 

John  R.  Chambliss,  George  W.  Randolph, 

Manilius  Chapman,  George  W.  Richardson, 

Samuel  A.  Coffman,  John  T.  Seawell, 

Raphael  M.  Conn,  James  W.  Sheffey, 

Richard  H.  Cox,  Charles  R.  Slaughter, 

Miers  W.  Fisher,  John  M.  Speed, 

Thomas  S.  Flournoy,  James  M.  Strange, 

Samuel  M.  Garland,  William  T.  Sutherlin, 

Samuel  L.  Graham,  John  T.  Thornton, 

William  L.  Goggin,  William  M.  Tredway, 

John  Goode,  Jr.  Robert  H.  Tnrner, 

F.  L.  Hale,  Franklin  P.  Turner, 


40 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hun  ton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 


Messrs.  John  Tyler, 

Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 57. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Jannej,  (PresH)  Messrs 
Edward  AL  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Hayraond, 
James  W.  Hoge, 


.  Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
James  Lawson, 
John  F.  Lewis, 
William  JMc Comas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Motfett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  (^rrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
W^m.  Ballard  Preston, 
Samuel  l^rice, 
David  Pugh, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Bur  well  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tavloe, 
Edward  Waller, 
William  White, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


41 


Messrs.  J.  G.  Holladay, 

Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 


Messrs.  Robert  H.  Whitfield, 

WilUams  C.  Wickham, 
Wait.  T.  Willey— 83. 


Mr.  Wise  then  moved  to  amend  the  resolution  further,  by- 
adding  thereto,  the  following: 

"  But  Virginia  should  not  offer  or  adopt  any  terms  of  adjustment  which  ought 
not  to  be  acceptable  to  the  seceded  States  and  restore  them  to  the  Union." 

The  question  being  put,  was  decided  in  the  negative — yeas 
€4;  nays  74. 

On  motion  of  Mr.  Boisseau,  the  vote  Avas  recorded  as  follows: 
The  names  of  those  who  voted  in  the  aflirmative  are — 


Messrs.  Wm.  M.  Ambler, 
James  Barbnur, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Corui, 
Richard  H.  Cox, 
John  Critcher, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cjn-us  Hall, 
L.  S.  Hall, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 


Messrs.  James  Lawson, 
Walter  D.  Leake, 
Paul  McNeil, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  Shetfey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
James  M.  Strange, 
W^illiam  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Trcdway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 64. 


42 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
Edward  M.  Armstrong, 
WilUam  B.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Biirdett, 
James  Burlcy, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y,  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 


John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  Mc Comas, 
James  C.  McGrew, 
Wm.  H.  Macfarland, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McU.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Burwell  Spurlork, 
Samuel  G.  Staples, 
Alex.  H.  U.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
W.  T.  Willey— 74. 


The  question  recurred  upon  the  adoption  of  the  resolution  as 
amended,  and  was  decided  in  the  affirmative — yeas  lOSj  nays  31. 
On  motion  of  Mr.  Wickham,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  Janney,  (PresH)  Messrs.  James  C.  McGrew, 
Edward  M.  Armstrong,  Paul  McNeil, 

Alfred  M.  Barbour,  William  H.  Macfarland, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


43 


Messrs.  George  Baylor, 

George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bouldin, 
William  VV.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Bnrdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Shcrrard  Clemens, 
Samnel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critchcr, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flonrnoy, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J .  G.  HoUaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  JacksoUj 
Marmadukc  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 


Messrs.  Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Ijogan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Sanuiel  Price, 
David  Pngh, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlingtonj 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 


William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 


44 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  John  F.  Lewis, 

William  McComas, 


Messrs.  Benjamin  Wilson, 

Samuel  Woods — 104* 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
James  C.  Bruce, 
John  S.  Carlile, 
WiUiam  P.  Cecil, 
John  R.  Chambliss,, 
Manihus  Chapman, 
Raphael  M.  Conn, 
Richard  H.  Cox, ' 
Micrs  W.  Fisher, 
Sanmel  L.Graham,. 
John  Goode,  Jr. 
F.  L.  Hale, 


Messrs.  James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Robert  L.  Montague,. 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
John  T.  Seawell, 
James  M.  Strange, 
Samuel  C.  Williams, 
Heniy  A.  Wise — 3 J . 


Mr.  Wise  moved  to  amend  the  resolution  by  striking  out  all' 
"between  the  word  '^Governments,"  in  the  second  hue,  and  the- 
word  ''but,"  in  theteiith  line. 

Mr.  WiLsox  moved  to  amend  the  text  of  the  resolution,  by 
striking  out  "may,"  in  the  fourth  line,  and  inserting  "should." 
Negatived. 

The  question  recurred  upon  the  amendment  submitted  by 
Mr.  Wise,  and  being  put,  was  decided  in  the  alfirmative — yeas. 
68;  nays  67. 

On  motion  of  Mr.  Wise,  the  vote  Avas  recorded  as  follows: 

Tlie  names  of  those  who  voted  in  the  aflirmative  are — 


Messrs.  W.  M.  Ambler, 

E.  M.  Armstrong, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
WiUiam  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
William  P.  Cecil, 
John  R.  Chambliss, 
Mauilius  Chapman, 


Messrs.  John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Paul  McNeil, 
Wm.  IL  Macfarland,. 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q..  Marr, 
John  L.  Mar}''e,  Sr. 
Robert  L.  Montague,. 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett,, 
Johnson  Orrick. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


45 


Messrs.  Samuel  A.  CofFman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
John  Echols, 
]\1iers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M,  Garland, 
Samuel  L,  Graham, 
Peyton  Gravely, 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hun  ton, 
JiCwis  D.  Isbell, 
Robert  C.  Kent, 
John  R.  Kilby, 


Messrs.  William  C.  Parks, 

George  W.  Randolph, 
George  W.  Richardson, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
George  P.  Tayloe, 
John^T.  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  C.  Williams^ 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.Wysor— 68. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Jaimcy,  (Preset)  Messrs, 
William  B.  Aston, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Capeiton, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 


John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
William  McComas, 
James  C.  McGrew, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Mofiett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Bur  well  Spurlock^j 


46 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 


Messrs,  Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  T.  SutherUn, 
Campbell  Tarr, 
William  White, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 67. 


Mr.  Early  moved  to  amend  the  resolution  further,  by  striking 
out  the  word  "restore,"  and  inserting  the  word  ''preserve.'* 
Negatived. 

Mr.  Leake  moved  to  amend  the  resolution  further,  by  adding 
thereto  the  following: 

•''♦And  the  people  of  the  non-slaveholding  States  must  abstain  from  all  interfe- 
rence witli  tlie  iiistitu'.ion  of  slavely  as  it  exists  in  any  of  the  States,  or  in  any  of 
the  common  territory,  and  there  must  be  an  entire  abandonment  of  all  political 
organizations  based  upon  the  principle  of  hostility  to  Southern  institutions." 

The  question  being  put,  was  decided  in  the  negative — yeas 
40;  nays  93. 

On  motion  of  Mr.  Leake,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
John  K.  Ciiamblips, 
jNIanilius  Chapman, 
Raphael  M.  Conn, 
Miers  W.  Fisher, 
Samuel  L.  Graham, 
William  L.  Goggm, 
John  Goode,  Jr. 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 


Messrs.  Walter  D.  Leake, 
James  B.  Mallory, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Randolph, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Seawell, 
John  M.  Speed, 
James  M.  Strange, 
John  T,  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 4L 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


47 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PresH)  Messrs. 
Ed'd  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Biirdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T,  Caperton, 
John  S.  Carl  lie, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B,  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilbj, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Sjiicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W,  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 


48 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  J.  G.  Holladay, 

Chester  D.  Hubbard, 
John  J.  Jackson, 


Messrs.  Waitman  T.  Willey, 
Benjamin  Wilson — 93. 


The  seventh  resohition,  as  amended,  was  then  adopted. 

Mr.  J-'rice  moved  that  the  eightli  resohition  be  passed  by  for 
the  present  with  the  view  of  considering  the  ninth  resolution, 
and  the  question  being  put,  was  decided  in  the  affirmative — yeas 
68;  nays  67. 

On  motion  of  Mr.  Wisr,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Jolin  Janncy,  (Preset)  Messrs. 
Edward  M.  Armstrong, 
William  B.  vVston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
Thomas  Branch, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


J.  G.  Holladay, 
Chester  1).  Hubbard, 
John  J.  Jackson, 
Peter  C,  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spiccr  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
William  C.  Scott, 
John  I).  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Sunnners, 
Campbell  Tarr, 
George  P,  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 68. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


49 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  William  TM.  Ambler,       Messrs. 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
George  W.  Brent, 
James  C.  Bruce, 
John  S.  Carlile, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  CofFman, 
Raphael  M.  Conn, 
W.  H.  B.  Custis, 
James  B.  Dorman, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
William  L.  Goggin, 
John  Goode,  Jr. 
Cyrus  Hall, 
L.  S.  Hall, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
William  H.  Macfarland, 


Charles  K.  Mallory, 
James  B.  Mallory, 
John  a.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Mortou, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
John  T.  Seawell, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  vSpeed, 
James  M.  Strange, 
William  T.  Sutlierlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 67. 


Mr.  Conrad  moved  to  amend  the  ninth  resolution,  by  striking 
out  the  words  ''the  exercise  of  this  right,"  in  the  first  line,  and 
inserting  in  lieu  thereof,  "  withdrawal  from  the  Federal  Govern- 
ment." 

Mr.  Wise  raised  a  question  of  order,  viz:  that  ''the  Commit- 
tee of  the  Whole,  by  vote,  decided  to  pass  by  the  eighth  resolu- 
tion of  the  pending  report  without  deciding  to  what  subsequent 
resolution  of  the  report  it  would  pass  to  tlie  consideration  of;" 
and  that  the  motion  of  Mr.  Conrad  "proposes  to  amend  the 
matter  of  the  eighth  resolution  which  had  been  passed  by." 
7 


50 


JOURNAL  OF  TEE  COMMITTEE  OF  THE  WHOLE. 


The  Chairman  (Mr.  Southall)  overruled  the  point  of  order. 
The  amendment  submitted  by  Mr.  Conrad  was  then  agreed 
to — yeas  77;  nays  58. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are —  . 


Messrs.  John  Janney,  ( PresH)  Messrs. 
Edward  M.  Armstrong, 
Wilham  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
Thomas  Branch, 
William  G,  Brown, 
John  S.  Burdett, 
James  13urley, 
Benj.  W.  Byrne, 
John  A.  Cam])bell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Contad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
Napoleon  B.  French, 
H.  L.  Gillespie, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  J.  Jackson, 


Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 77. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


51 


The  names  of  those  who  voted  in  the  nea-ative  are — 


Messrs.  William  M,  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Boiildin, 
George  W.  Brent, 
James  C.  Bruce, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Peyton  Gravely, 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Epjia  Hunton, 
Lewis  D,  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 


Messrs.  James  Lawson, 

Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  d.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
John  T.  Sea  well, 
James  VV.  Sheffey, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C,  WiUiams, 
Henry  A.  Wise, 
Sanniel  Woods, 
Benj.  F.  Wysor— 58. 


Mr.  Macfarland  moved  to  amend  the  resolution  further,  by 
striking  out  all  after  the  word  '^States,"  in  the  sixth  line,  and 
inserting  in  lieu  thereof,  the  following: 

To  the  adjustment  whereof,  and  to  the  recognition  of  the  independence  of  the 
Confederate  States  of  the  South  or  their  restoration  to  their  former  relations,  as 
negotiations  may  eventuate,  the  Federal  Government  is  hereby  called  upon  to 
address  itself. 

Mr.  DoRMAN  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  determined  in  the  negative — yeas  58 j 
nays  71. 

On  motion  of  Mr.  Macfarland,  the  vote  was  recorded  as 
follows: 

The  names  of  those  who  voted  in  the  affirmative  arc — 


Messrs.  William  M.  Ambler; 
Angus  R.  Blaiiey, 


Messrs.  James  Lawson, 
Walter  D.  Leake, 


52 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  James  Boisseaii, 
Peter  B.  Borst, 
Wood  Boiildin, 
William  VV.  Boyd, 
Thomas  Branch, 
James  C.  Bruce, 
John  R.  Cliambhss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
James  B.  Dorman, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
Jolm  R.  Kilby, 
John  J.  Kindred, 


Messrs.  William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q.  Marr, 
John  L.  Maiye,  Sr. 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.Randolph, 
George  W.  Richardson, 
John  T.  Sea  well, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods — 58. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  ( Pros'' t)  Messrs 
Edward  M.  Armstrong, 
AVilliam  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 


Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


63 


Messrs.  John  Critcher, 

W.  H.  B.  Custis, 
Harvey  Deskins, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpliens  F.  Haymond, 
James  W.  Hoge, 
J.  G.  HoUaday, 
Chester  D.  Hnbbard, 
John  J.  Jackson, 
Marmad  u ke  J ohnson , 


Messrs.  VVm.  Ballard  Preston, 
Sam n el  Price, 
David  Piigh, 
Robert  E.  Scott, 
AViUiam  C.  Scott, 
John  U.  Sharp, 
Thomas  Sitlington, 
Bnrwell  Spnrlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Wilhams  C.  Wickham, 
Wait.  T.  Willey— Tl. 


Mr.  Blow  moved  to  amend  the  resolution  further,  by  striking 
out  all  after  the  word  "States,"  in  the  tenth  line,  and  inserting 
in  lieu  thereof,  the  following: 

"  With  a  view  to  the  peaceable  adjustment  of  these  and  kindred  questions,  the 
people  of  Virginia  hereby  express  their  earnest  desire  that  the  federal  authorities, 
if  so  empowered,  shall  recognize  the  independence  of  the  Confederate  Slates  of 
the  South,  and  make  such  treaties  with  them,  and  pass  such  laws  as  separation 
(if  unavoidable)  shall  render  proper  and  expedient." 

Mr.  Sheffey  moved  to  amend  the  amendment  by  striking 
out  the  words  "if  so  empowered;"  pending  the  consideration 
of  which, 

On  motion  of  Mr.  Montague,  the  Committee  rose. 


V 


Saturday,  April  6,  1861. 

The  pending  question  was  upon  the  motion  of  Mr.  Sheffey 
to  strike  out  the  words  "if  so  empowered"  from  the  amendment 
to  the  ninth  resolution  of  the  report  of  the  Committee  on  Federal 
Relations  submitted  by  i\Ir.  Blow,  and  being  put,  was  decided 
in  the  negative — yeas  04;  nays  72. 


54 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


On  motion  of  Mr.  Shefpey,  the  vote  was  recorded  as  follows: 
The  names  of*  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raj)hael  M.  Conn, 
Richard  H.  Cox, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  W.  Hoge, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 


Messrs.  John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Scawell, 
James  W.  Sheffey, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise^ 
Benj.  F.  Wysor — 64. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (Pres''t) 
Ed'd  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  BerUn, 
George  Blow,  Jr. 
Caleb  Boggess, 


Messrs.  John  J.  Jackson, 

Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  Marshall, 
Thomas  Maslm, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


55 


Messrs.  George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Buriey, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Conch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Jubal  A,  Early, 
Napoleon  B.  French, 
Colbert  C.  Fngale, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Addison  Hall, 
Ephraim  B.  Hall, 
Alphcns  F.  Haymond, 
J.  G.  HoUaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


Messrs.  Henry  H.  Masters, 
Horatio  G.  Motfett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Cam]ihell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 72. 


The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Blow,  and  was  decided  in  the  negative. 

Mr.  BouLDiN  moved  to  amend  the  report  further,  by  striking 
out  the  ninth  resolution,  as  amended,  and  inserting  the  following 
in  lieu  thereof. 

"  The  States  of  South  CaroHna,  Georgia,  Florida,  Missis^sippi,  Alabama,  Louisiana 
and  Texas,  having  withdrawn  from  their  association  with  the  other  States  of  the 
Union,  under  the  Federal  Government,  and  united  in  a  separate  Conferacy,  the 
State  of  Virginia  is  of  opinion,  and  hereby  declares  that  the  separate  independence 
of  the  seceded  States  ought  to  be  acknowledged  without  further  delay,  and  that 
such  treaties  sliould  be  made  with  them,  and  such  laws  passed,  as  the  separation 
may  make  proper." 

The  question  was  put,  and  decided  in  the  negative — yeas  69j 
nays  71. 

On  motion  of  Mr.  Fisher,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 


Messrs.  James  Lawson, 

Walter  D.  Leake, 


56 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Boiildin, 
Thomas  Branch, 
James  C.  Bruce, 
William  P  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
SaiDUel  A.  CofTinan, 
Raphael  M.  Conn, 
James  H.  Cox, 
Richard  H.  Cox, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  K.  Kilby, 
John  J.  Kindred, 


Messrs.  William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Robert  L,  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
William  C.  Parks, 
George  W.  Randolph, 
George  W.  Richardson, 
WilHam  C.  Scott, 
John  T.  Sea  well, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Sam'l  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 69. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PrcsH)  Messrs 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Browu, 


Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
James  Marshall, 
Thomas  Maslin, 


JOURNAL  or  THE  COMMITTEE  OF  THE  WHOLE. 


•Messrs.. Toll n  S.  Burdett, 
.Tames  Burley, 
Beiijaiiiiii  W,  Byrne, 
John  A.  Campbell, 
Allen  T.  CapertoH; 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
.Tames  II.  Couch, 
John  Cri teller, 
W.  II.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
.Tubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Epiiraim  B.  Half, 
Allen  C.  Hammond, 
Alpheus  F.  Hayniond, 
James  W.  Hoge, 
J.  G.  Ilolladay, 


Messrs.  Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD,  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  I\IcC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitliiigton, 
J3ur\vell  Spurlock, 
Alex.  II.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  White, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 71. 


Mr.  ^\isE  moved  to  amend  the  ninth  resolution  further,  by 
stnkmg  out  all  after  the  word  "is,"  in  the  eleventh  line,  and 
insertmg  m  lieu  thereof,  '^should  forbear  the  exercise  of  powers 
tour  lung  these  questions  until  pending  difficulties  are  adjusted  " 

1  lie  question  was  put,  and  decided  in  the  negative. 

Mr.  Garland  moved  to  amend  the  resolution  further  by  stri- 
king from  the  third  line  the  words  '^without  the  assent  of  the 
other  f^tates,"  and  the  question  being  put,  was  decided  in  the 
negative— yeas  54;  nays  SO. 

On  motion  of  Mr.  Fisher,  the  vote  was  recorded  as  follows: 

Ihe  names  of  those  who  voted  in  the  allirmative  are- 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
William  P.  Cecil, 
S 


Messrs.  Eppa  Hun  ton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  L.  Maiye,  Sr. 


58 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  John  R.  Charnbliss, 
Maiiiliiis  Chapman, 
Samuel  A.  Uoffmnn, 
Raphael  M.  Couu, 
Richard  II.  Cox, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  li.  Graham, 
Fendall  Gregory,  Jr. 
John  Goodc,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C  Hammond, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 


Messrs.  Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Randolph, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Seavvell, 
James  W.  Sheffey, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherhn, 
John  T.  Thornton, 
Robert  H.  Turner, 
Henry  A.  Wise, 
Sanuiel  Woods, 
Benj.  F.  Wysor— 54. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Jainiey,  (PresH)  Messrs. 
E.  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
W^illiam  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robdit  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Jubal  A.  Early, 


Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Le^sis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
Wm.  H.  Macfarland, 
James  Marshall, 
John  Q,.  Marr, 
Thomas  Maslin, 
Henry  H^  Masters, 
Horatio  G.  Motfett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Tl^mas  Sitlington, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


59 


Messrs.  Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
William  L.  Goggin, 
Addison  Hall, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hnbbard, 
John  N.  Hnghes, 
John  J.  Jackson, 
Marmadnke  Johnson, 


Messrs.  Charles  R.  Slanghter, 
Valentine  W.  Southall, 
Bnrwell  Spnrlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Snnnners, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 80. 


Mr.  FisiiKR  moved  to  amend  the  resolution  further,  by  insert- 
ing after  the  word  '''authorities,"  in  the  tentli  line,  the  words 
^'as  they  were  constituted  when  this  section  was  drafted;"  and 
the  question  being  put  was  deciaed  in  the  negative. 

The  ninth  resolution,  as  amended,  v^as  then  adopted — yeas 
91;  nays  37. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Janney,  (Pres''t)  Messrs. 

Ed'd  M.  Armstrong, 

William  B.  Aston, 
,  John  B.  Baldwin, 

Alfred  M.  Barbour, 

George  Baylor, 

George  W.  Berlin, 

George  Blow,  Jr. 

William  W.  Boyd, 

George  W.  Rrent, 

W  illiam  G.  Brown, 

John  S.  Burdett, 

James  Burley, 

Benjamin  W.  Byrne, 

John  A.  Campbell, 

Allen  T.  Caperton, 

Jolui  A.  Carter, 

Manilius  Chapman, 

Samuel  A.  Cofl'man, 

C.  B.  Conrad, 

Robert  Y.  Conrad, 

James  H.  Couch, 

John  Critcher, 


Peter  C.  Johnston, 
John  R.  Kilbv, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  Mcx\eil, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  jNIasters, 
Horatio  G.  Moflett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Ednunid  Pendleton, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 


60 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.. 


Messrs.  W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
William  L.  Goggin, 
F.  L.  Hale, 
Addison  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheus  F,  Haymond, 
James  W.  Hoge, 
J.  G.  HoUaday, 
Chester  1).  Huhbaixi, 
John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 


Messas.  Samuel  Price, 
David  Pngh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  VV.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall,. 
Burwell  Spnrlnck, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutlierlin,. 
Campbell  Tarr, 
George  P.  Tayloe, 
^  Edward  Waller, 

William  White, 
Williams  C.  Wickham,. 
Waitman  T.  Wllley, 
i3enjamin  Wilson — 9U 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Wm.  M.  Ambler, 
Angus  R.  B  la  key, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
William  P.  Cecil, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Miers  W.  Fisher, 
Samuel  L.  Graham, 
Feudal  I  Gregory,  Jr. 
John  Goode,  Jr. 
Lewis  E.  Harvie, 
James  P.  HolcombC; 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 


Messrs.  John  J.  Kindred, 
Walter  D.  liCake, 
.     Wm.  H.  Macferland, 
Fleming  B.  Miller, 
Robert  1^.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
George  W.  Randolph, 
George  W.  Richardson,. 
William  C.  Scott, 
John  T.  Seawell, 
John  M.  Speed, 
John  T.  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 3t. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  61 

On  motion  of  Mr.  Pkeston,  the  Committee  returned  to  the 
consideration  of  tfie  eighth  resolution. 

Mr.  Carlile  moved  to  amend  the  resohition,  by  striking  out 
all  after  the  word  "and,"  in  the  third  line,  and  inserting  the 
following: 

"  In  the  languago  of  Virginia's  illustrious  statesman,  James  Madison,  whom  the 
people  of  Virginia  have  been  taught  to  venerate  and  revere  as  the  wisest,  safest 
and  true^^t  expounder  of  the  Constitution  which  he  so  largely  contributed  to  con- 
.struct,  tliat  that  instrument  'makes  the  Government  to  operate  directlj'  on  the 
people,  places  at  its  command  the  needful  physical  means  of  executing  its  powers, 
and  finally  proclaims  its  supi'emacy  and  that  of  the  laws  made  in  pursuance  of  it, 
over  the  Constitution  and  laws  of  the  States,  subject  to  the  revolutionary  rights  of 
tlie  people,  in  extreme  cases,  that  a  political  system  tiiat  does  not  provide  for  a 
peaceal)le  and  authoritative  termination  of  existing  controversies  would  not  be 
more  than  the  shadow  of  a  government,  the  object  and  end  of  a  real  government 
being  the  substitution  of  law  and  order  for  uncertainty,  confusion  and  violence. 
That  in  the  event  of  a  failure  of  every  Constitutional  resort,  and  an  accumulation 
of  usurpations  and  abuses,  rendering  passive  obedience  and  non-resistance  a  greater 
evil  than  resistance  and  revolution,  there  can  remain  but  one  resort,  the  last  of  all, 
an  appeal  from  the  cancelled  oliligations  of  the  Constitutional  compact  to  the  ori- 
ginal rights  and  the  law  of  self-jireservation.  This  is  the  idtinia  ratio  of  all  go- 
vernments, whether  consolidated,  confederated,  or  a  comjiomul  of  both.  It  cannot 
be  doubted  that  a  single  member  of  the  Union,  in  the  extremity  supposed,  hut  in 
THAT  oM.v,  would  have  a  right,  as  an  extra  and  ultra  Constitutional  right,  to  make 
the  appeal.'  " 

Mr.  Earlv  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  decided  in  the  negative — yeas  23: 
nays  114. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  13.  Baldwin,  Messrs.  John  N.  Hughes, 

George  Baylor,  John  J.  Jackson, 

George  W.  Berlin,  John  F.  Lewis, 

Caleb  Boggess,  James  C.  McGrew, 

John  S.  Burdett,  Henry  H.  Masters, 

James  Bnrley,  Samuel  Mel).  Moore;^ 

John  A.  Campbell,  George  McC.  Porter, 

John  S.  Carlile,  William  C.  Scott, 

John  A.  Carter,  John  D.  Sharp, 

Jubal  A.  Early,  Alex.  H.  H.  Stuart, 

Ephraim  B.  Hall,  Campbell  Tarr— 23. 
Chester  D.  Hubbard, 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janne)'-,  ( PrcsH)  Messrs.  Peter  C.  Johnston, 
William  M.  Ambler,*  Robert  C.  Kent, 

Edward  M.  Armstrong,  John  R.  Kilby, 

William  B.  Aston,  John  J.  Kindred,. 

Alfred  M.  Barbour,  James  Lawson, 


62 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  James  Barbour, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bon  Id  in, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
Benjamin  W.  Byrne, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilins  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
John  Echols, 
JNlicrs  W.  Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S,  Gray, 
FendalL  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cvrus  Hall, 
L:^.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond; 
James  W.  Hoge, 
James  P.  Holcombe, 


Messrs,  Walter  D.  Leake, 
William  McComas, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Horatio  G.  ^Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  ^Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
liOgnn  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  I'endleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Piigh, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
John  T.  Seawell, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
A'aleutine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Sanmel  G.  Staples, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edv/ard  Waller, 
Williams  C.  Wickham, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


63 


Messrs.  J.  G.  Holladay, 
George  W.  HuU, 
Eppa  Hun  to  II, 
Lewis  D.  Isbell, 
Marmaduke  Johnson, 


Messrs.  VVaitman  T.  Willey, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 114. 


'^as  eftablished  in  the  AufS^RevZuon  '"^  ''"'  '"  '''''' 
najlwr"''"'"  ''''  ^"'  "'^^^  ^""^^^^  ^"  '^'^  negative-yeas  29; 
On  motion  of  Mr.  BnowK,  the  vote  was  recorded  as  follows- 
Tlie  names  of  those  who  voted  in  the  affirmative  are- 


Messrs.  John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
William  G.  Brown, 
John  S.  Burdett, 
James  Bnrley, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
James  H.  Couch, 
Marshall  M.  Dent, 
Jubal  A.  Early, 
Ephraim  B.  Hall, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


Messrs.  John  J.  Jackson, 
John  F.  Lewis, 
James  C.  McGrcw, 
Henry  H.  Masters, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
George  McC.  Porter, 
John  I),  Sharp, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Wait.  T.  Willey— 29. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Janney,  (Preset)  Messrs 
William  M.  Ambler, 
Edward  M.  Armstrong, 
Wilham  B.  Aston, 
Alfred  M.  Barbour, 
James  Barbour, 
Angus  R.  Blakej, 
George  Blow,  Jr. 
Caleb  Boggess, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Uouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
Benj.  W.  Byrne, 


.  Lewis  D.  Isbell, 
Marmaduke  Johnson, 
Peter  C.  .Tohnston, 
Robert  C.  Kent, 
John  R.  K^lby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
William  McComas, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 

James  B.  Mallory, 

James  Marshall, 

John  Q.  Marr, 

John  L.  Marye,  Sr. 


64 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Cliambliss, 
Manilins  Chapman, 
Samuel  A.  CofTman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
W.  n.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
II.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  ]..  Hale, 
Addison  Hall, 
Cyrus  ITall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymoud, 
.lames  W.  Hoge, 
James  P.  Holcombe, 
J.  C^HoUaday, 
Eppa  Hunton, 


Messrs.  Thomas  Maslin, 

Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
AVilliam  C.  Parks, 
Edmund  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Ixandolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
JohnT.  Seawell, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Sjmrlock, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
Robert  II.  Turner, 
Franklin  P.  Turner, 
.Tohn  Tyler, 
Edward  Waller, 
AVilliams  C.  Wickham, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— lOG. 


Mr.  Early  moved  to  amend  the  resolution,  by  striking  out  all 
after  the  words  ''of  the,"  in  the  third  line,  and  insert  "  Uruted 
States  to  resume  the  powers  granted  under  the  Federal  Consti- 
tution whesonever  the  same  should  be  perverted  to  their  injury 
or  oppression."  .  . 

Mr.  Montague  demanded  a  division  of  the  question,  and  it 
was  put  upon  striking  out,  and  decided  in  the  negative— yeas 
34;  nays  98. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


65 


On  motion  of  Mr.  EARr,Y,the  vote  was  recorded  as  follows: 
The  names  of  those  Avho  voted  in  the  affirmative  are 


Messrs.  Wilham  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggcss, 
William  G.  Brown, 
John  S.  Burdett, 
James  Barley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Jubal  A.  Early, 
Ephraim  B.  Hall, 


Messrs.  Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 
John  F.  Lewis, 
James  C.  McGrew, 
Henry  H.  Masters, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
George  McC.  Porter, 
William  C.  Scott, 
John  D.  Sharp, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Wait.  T.  Willey— 34. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  .Tamiey,  (Prcs't)  Messrs, 
William  M.  Ambler, 
Edward  M.  Armstrong, 
Alfred  M.  Barbour, 
Angus  R,.  Blakoy, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
William  P.  Cecil, 
John  R.  Chambliss, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
James  B.  Dorman, 
John  Echols, 
9 


Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  l^eake, 
William  Mc Comas, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Masfin, 
Fleming  B.  Miller, 
Horatio'  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
William  C.  Parks, 
Wm.  Ballard  Preston, 


66 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Miers  W.  Fisher, 

Thomas  S.  Flournoy-j 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Sarniicl  M.  Garland^ 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Eendall  Gregory,  Jr. 
William  L.  Goggin, 
.Tohn  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
James  P.  Holcombe, 
J.  G.  Holladay, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Marmadukc  Johnson, 


Messrs.  Samuel  Price, 
David  Piigh, 
George  W.  Randolph, 
George  W.  Richardson^ 
Robert  E.  Scott, 
John  T.  Seawell, 
James  W.  ShefFey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sntherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Jolin  Tyler, 
Edward  Waller, 
Williams  C.  Wickham, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 98. 


Mr.  Jackson  moved  to  amend  the  resolution,  by  inserting  be- 
tween the  words  ''the"  and  "right,"  in  tbe  third  line,  the 
word  "revolutionary,"  and  the  question  being  put,  was  decided 
in  the  negative. 

Mr.  Campbell  moved  to  amend  the  resolution,  by  striking  out 
all  from  the  word  "they,"  in  the  third  line,  to  "and,"  in  the 
seventh  line,  and  inserting  in  lieu  thereof  the  following:: 


"Assent  that  the  people  of  the  several  States  whensoever  the  powers  granted 
by  them  under  the  Federal  Constitution  shall  be  perverted  to  their  injury  or  op- 
pression, have  tlie  extra  ultra  constitutional  right  to  resume  the  same,  and  that 
every  power  not  granted  by  them  remains  with  them  and  at  their  will." 

The  question  was  put  and  decided  in  the  negative. 

On  motion  of  Mr.  Summers,  the  resolution  was  amended,  by 
striking  from  the  third  line  the  words  "they  concede." 

Mr.  Montague  moved  to  amend  the  resolution  further,  by 
inserting  the  words  "  they  acknowledge"  after  the  word  "and" 
in  the  third  line;  and  the  question  being  put,  was  decided  in  the 
negative — yeas  29;  nays  90. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


67 


On  motion  of  Mr.  Montague,  the  vote  was  recorded  as  follows- 
1  he  names  of  those  who  voted  in  the  affirmative  are- 


Messrs.  VVm.  M.  Ambler, 
Alfred  M.  Barbour, 
James  Barbour, 
Angus  R.  Blalcey, 
George  Blow,  Jr. 
Frederick  M.  Cabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
Sanuiel  A.  Coffman, 
Rai)liael  M.  Conn, 
Miers  W.  Fisher, 
Samuel  I..  Graham, 
F.  L.  Hale, 
Eppa  Hunton, 
Lewis  D.  Isbell,     , 


jMessrs.  Robert  C.  Kent, 
John  J.  Kindred, 
Walter  D.  Leake, 
Horatio  G.  Motfett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
George  W.  Richardson, 
John  T.  Scawell, 
James  W.  ShefTej, 
John  M.  Speed, 
Robert  H.  Turner, 
Henry  A.  Wise, 
Samuel  Woods, 
Benj.  F.  Wysor— 29. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Janney,  (PrcsH) 
Ed'd  M.  Armstrong, 
William  B.  Aston, 
.Tohn  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
Wood  Bouldin, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Manilius  Chapman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins,  • 
James  B.  Dorman, 


Messrs.  John  J.  Jackson, 

Marmaduke  .rohnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H,  Masters, 
Fleming  B.  Miller, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
George  McC.  Porter, 
Wm.  Ballard  Preston, 
Samuel  Price, 


68 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Colbert  C.  Pugale, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
William  L.  Goggin, 
John  Goode,  Jr. 
Addison  Hall, 
Ephraiin  13.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  W.  Hoge, 
James  P,  Holcombe, 
J.  G.  HoUaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


Messrs.  David  Pugh, 

George  W.  Randolph, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
Charles  R.  Slaughter, 
Bnrvvell  Spnrlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
Cam])bell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
"Williams  C.  VVickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 90. 


Mr.  GooDK,of  Bed  ford,  moved  to  amend  the  resolution  further, 
by  inserting  the  words  "they  assert"  after  the  word  "and,"  in 
the  third  line;  and  the  question  being  put  was  decided  in  the 
negative. 

Mr.  T.AUR  moved  to  amend  the  resolution  further,  by  striking 
out  all  after  the  word  "governed,"  in  the  second  hue,  and  in- 
serting in  lien  thereof,  the  following: 

"  Denying  the  constitutional  right  of  the  people  of  the  several  States  to  secede 
from  the  Union;  yet  they  may,  in  the  exercise  of  their  revolutionary  right,  dis- 
rupt the  ties  tiiat  bind  them  to  the  Federal  Government,  and  form  such  associa- 
tions with  other  States  as  may  best  promote  their  security  and  welfare." 

The  question  was  put,  and  decided  in  the  negative. 
The  eiglitli  resolution,  as  amended,  was  then  adopted. 
On  motion  of  Mr.  Montague,  the  Committee  rose. 


Tuesday,  April  9,  1861. 

The  consideration  of  the  report  of  the  Committee  on  Federal 
Relations  was  resumed. 

Mr.  CoxRAD,  of  Frederick,  moved  to  amend  the  tenth  resolu- 
tion, by  striking  out  the  words,  "Without  expressing  an  opinion 
as  to  the  question  of  power,  but  in  deference  to,"  and  insertingr 
in  Ueu  thereof  the  words,  "  Concurring  with."     Negatived. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


69 


Mr.  Conrad  then  moved  to  amend  by  striking  out  the  words, 
^'Without  expressing  an  opinion  as  to  the  question  of  power, 
but  in  deference  to  the  opinion  of  the  Federal  authorities,"  and 
inserting  in  hen  thereof,  "Behoving  that  the  Federal  authorities 
have  no  power  to  deal  with  this  subject  in  any  way."  The 
question  was  put,  and  decided  in  the  negative — yeas  12;  nays 
114. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — • 


Messrs.  Edw'd  M.  Armstrong, 
William  G.  Brown, 
John  A.  Carter, 
Robert  Y.  Conrad, 
Jnbal  A.  Early, 
H.  L.  Gillespie, 


Messrs.  James  Marshall, 
Logan  Osburn, 
David  Pugh, 
John  D.  Sharp, 
Chapman  J.  Stuart, 
William  White— 12. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  .Tanney,  (PrcsH)  Messrs. 
William  M.  Ambler, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
Jamos  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Caleb  Boggess, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bon  Id  in, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
William  P  Cecil, 
John  11.  Chiimbliss, 
Manilius  Chapman, 
Samuel  A.  CofFinan, 
Raphael  M.  (^onn, 
C.  B.  Conrad, 
James  H.  Couch, 


James  P.  Holcombe, 
Chester  D.  Hubbard, 
.John  N.  Hughes, 
George  W.  Hull, 
Eppa  Hunton, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
John  F.  Lewis, 
William  McComas, 
^\  illiam  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  a.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Molfett, 
Robert  L,  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Hugh  jM.  Nelson, 
Johnson  Orrick, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 


70 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Richard  H.  CoX; 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
WilHani  H.  Dulany, 
John  Echols, 
Thomas  S.  Floiirnoy, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
Ephraim  B.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alphens  F.  Haymond, 
James  W.  Hoge, 


Messrs.  George  McC.  Porter, 
Samuel  Price, 
George  W.  Richardson, 
Timothy  Rives, 
Rohert  E .  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  Sheffey, 
Thomas  Sitiington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
Cami)bell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
SaiTi'l  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise — 114. 


Mr.  Wipe  moved  to  amend  by  striking  out  the  whole  resolu- 
tion, and  inserting  in  lieu  thereof  the  following: 

"10.  Ttie  people  of  Virginia  hereby  declare  tlieir  consent  to  the  recognition  of 
the  separate  independence  of  the  seceded  States;  that  tliey  shall  be  treated  with 
as  independent  powers;  and  that  the  proper  laws  shall  be  passed  to  effectuate 
their  separation." 

Mr.  ScoTT  demanded  a  division  of  the  question,  and  being 
put  on  striking  out,  was  decided  in  the  affirmative. 

The  question  recurred  upon  inserting  the  proposition  submit- 
ted by  Mr.  Wise,  and  was  decided  in  the  affirmative — yeas  107; 
nays  20. 

On  motion  of  Mr.  Caelile,  tiie  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Wm.  M.  Ambler,  Messrs.  James  W.  Hoge, 

Edward  M.  Armstrong,  James  P.  Holcombe, 

William  B.  Aston,  Chester  D.  Hubbard, 


John  B.  Baldwin. 


George  W.  Hull, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


71 


Messrs.  Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
George  W.  Brent, 
James  C.  Bruce, 
Benjamin  W.  Byrncj 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  11.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y,  Conrad, 
James  H.  Conch, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Sanuiel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 


Messrs.  Eppa  Hnnton, 

MarmaduUe  Johnson, 
Peter  C,  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
William  jNIcComas, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Robert  L.  Montague^ 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
AVilliam  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
Samuel  Price, 
David  Pugh, 
George  VV.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  Sheftey, 
Thomas  Sidington, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
James  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Williams  C.  Wickham, 
Samuel  C.  Williams, 


72  JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 

Messrs.  Allen  C.  Hammond,       Messrs.  Benjamin  Wilson, 

Lewis  E.  Harvie,  Henry  A.  Wise — 107. 

Alphens  F.  Haymond, 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  .Tanney,  (PresH)  Messrs.  John  F.  Lewis, 

Caleb  Boggess,  James  C.  McGrew, 

William  G.  Brown,  Samuel  McD.  Moore, 

John  S.  Bnrdett,  George  McC.  Porter, 

John  S.  Carlile,  Timothy  Rives, 

John  A.  Carter,  John  D.  Sharp, 

Jubal  A.  Early,  George  W.  Summers, 

Ephraim  B.  Hall,  Campbell  Tarr, 

.John  N.  Hughes,  William  White, 

John  J.  Jackson,  Wait.  T.  Willey— 20. 

Mr.  WicKTt AM  moved  to  amend  the  eleventh  resolution,  by 
striking  out  all  after  the  word  '^  relations,"  in  the  third  line,  and 
inserting  the  following: 

"Declares  that  the  people  of  Virginia,  confiding  in  the  justice  of  the  people 
of  the  other  States,  appeal  to  them  for  a  satisfactory  adjustment  of  those  diffi- 
culties by  the  adoption  of  tiie  amendments  to  the  Constitution  of  the  United 
States,  hereto  appended;  they,  therefore,  invite  the  people  of  the  several  States, 
either  by  popular  vote,  or  in  State  Conventions,  similar  to  their  own,  to  respond 
at  their  earliest  convenience  to  the  said  proposition  of  amendment.  And  they 
declare  that  the  definite  refusal  or  neglect  on  the  part  of  the  non-slaveholding 
States  to  accede  to  such  amendments,  should  and  would  result  in  the  total  and 
final  disruption  of  the  Union." 

Mr.  MoNTGAUE  moved  to  amend  the  proposed  amendment  by 
striking  out  the  words,  "popular  vote,"  and  inserting  ''their 
proper  authorities."     Negatived. 

IMr.  GooDE,  of  Bedford,  moved  to  amend  the  proposed  amend- 
ment, by  adding  thereto  the  following: 

"And  in  the  event  that  this  Commonwealth  fails  to  obtain  affirmative  responses 
to  her  requests,  from  the  non-slaveholding  States,  she  will  feel  compelled  to  re- 
sume the  powers  granted  by  her  under  the  Constitution  of  the  United  States, 
and  to  throw  herself  upon  her  reserved  rights." 

The  question  being  put,  was  decided  in  the  negative — yeas 
64;  nays  69. 

On  motion  of  Mr.  Goode,  of  Bedford,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  William  M.  Ambler,      Messrs.  James  P.  Holcombe, 
Edward  M.  Armstrong,  Eppa  Hunton, 

James  Barbour,  Robert  C.  Kent, 

Angus  R.  Blakey,  James  Lawson, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Y3 


Messrs.  George  Blow,  Jr. 
James  Boisseaii, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  CofFman, 
Raphael  M.  Conn, 
Richard  II.  Cox, 
John  Echols, 
Thomas  S.  Flonrnoy, 
Sanuiel  JM.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 


Messrs.  Walter  D.  Leake, 

Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q,.  Marr, 
Jolin  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblctt, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Richardson, 
John  T.  Seawell, 
James  W.  ShefFey, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Sauuiel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise — 54. 


The  names  of  those  who  voted  in  the  neeativc  arc- 


Messrs.  John  Janney,  (Preset)  Messrs. 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
George  W.  Brent, 
"William  G.  Brown, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  II.  B.  Custis, 
Harvey  Ueskins, 
10 


John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  iNlolfett, 
Samuel  iMcU.  JMoore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  i\IcC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 


74 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs,  James  B.  Dorman, 
William  H.  Dulany, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B,  Hall, 
Allen  0.  Hanmiond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 


Messrs.  Thomas  Sitlington, 

Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.   Wickham, 
Wait.  T.  Willey— 69. 


Mr.  MoGrew  moved  to  amend  the  proposed  amendment  by 
striking  out  the  words,  '' should  and  would  result  in  the  total 
and  final  disruption  of  the  Union."     Negatived. 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Wickham. 

Mr.  Wise  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  decided  in  the  negative — yeas  57; 
nays  68. 

On  motion  of  Mr.  W^ise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Janney,  (Preset)  Messrs. 
William  B.  Aston, 
John  B.  lialdwin, 
Ahred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
William  G.  Brown, 
John  S.  Biirdett, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
William  H.  Dulany, 
.Tubal  A.  Early, 
Napoleon  B.  French, 


John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


75 


Messrs.  Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Epiiraim  13.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 


Messrs.  Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 57. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Wm.  M.  Ambler,  Messrs 

Edward  M.  Armstrong, 
James  Barbour, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T.  Capcrton, 
John  R.  Chambliss, 
Manilius  Chapman, 
Sanniel  A.  Cotiman^ 
Raphael  M.  Conn, 
Richard  H.  Cox, 
John  Cri teller, 
James  B.  Dorman, 
•John  Echols, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Feudall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 


.  James  P.  Holcombe, 
Eppa  Hunton, 
JNIarmaduke  JoITnson, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
Wm.  H.  Macforland, 
Charles  K.  Mallory, 
James  B.  Mallorj-, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
WilHam  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Richardson, 
John  T.  Seawell, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  j\L  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Siitherlin, 
George  P.  Tayloe, 
.Tohn  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  W\aller, 
Samuel  C,  Williams, 
Benjamin  Wilson, 
Hen'ry  A.  Wise— 6S. 


Mr.  Wilson  moved  to  amend  the  resolution  by  striking  out 


76 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


the  words,  '^and  to  throw  herself  upon  her  reserved  rights.'* 
Negatived. 

On  motion  of  Mr.  Willey,  the  resohition  was  amended  by 
striking  I'rom  tlie  9th  and  10th  Hnes  the  Avords,  ^'tlie  positions 
assumed  in  the  foregoing  resohitions,  and." 

Mr.  Taru  moved  to  amend  the  resohition  further  by  striking 
out  all  after  the  word  "appended,"  in  the  11th  hue;  and  the 
question  being  put,  was  decided  in  the  negative — yeas  37;  nays 
81. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  alhrmativc  are — 


Messrs.  John  .lanney,  (Pres't)  Messrs. 
WilHam  B.  Aston, 
.John  B.  B 11  Id  win, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
William  G.  Brown, 
John  8.  Jhirdett, 
John  A.  Campbell, 
John-S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
James  II.  Couch, 
Jubal  A.  Early, 
Colbert  C.  Fiigate, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
Chester  D.  Hubbard, 


John  J.  Jackson  J 
John  F.  Lewis, 
William  Mc(/omas, 
James  C.  McGrew, 
James  Marshall, 
Henry  H.  Masters, 
Logan  Osbnrn, 
Spicer  Patrick, 
Ednmnd  Pendleton, 
George  jMcC.  Porter, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 37. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  William  Isl.  Ambler,       Messrs, 
Edward  M.  Armstrong, 
James  Barbmir, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 


George  W.  Hull, 
Eppa  Hnnton, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q,.  ^larr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moifett, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


V7 


Messrs.  John  R.  Chnmbliss, 
Manilius  Chapnia^i, 
Sanmel  A.  Colfiiian, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
WilUam  H.  Dniany, 
Thomas  S.  Flournoy, 
N.  B.  French, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.Graham, 
Peyton  Gravely, 
Feiidall  Gregory,  Jr. 
Willi:im  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L:  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  W.  Hoge, 
James  P.  Holcombe, 


Messrs.  Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  Mel).  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
William  C.  Parks, 
David  Pngh, 
George  W.  Richardson, 
William  C.  Scott, 
.John  T.  Seawell, 
James  VV.  ShelTey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  Spnrlock, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Benjamin  Wilson, 
Henry  A.  Wise— SL 


Mr.  Baldwin  moved  to  amend  the  resolution  further  by 
striking  out  all  after  the  word  ''therefore,"  in  the  6th  line,  to 
the  word  "at,"  in  the  Sth  line,  and  inserting  in  lien  thereof  the 
words,  ''desires  that  the  people  of  the  sev^eral  States  be  called 
upon  to  respond  either  by  popular  vote,  or  in  Conventions  simi- 
lar to  her  own."     The  amendment  was  agreed  to. 

Mr.  Goode,  of  Bedford,  moved  to  anjend  the  resolution  further 
by  striking  out  the  word  "satisfactory,"  in  the  12ili  line,  and 
inserting  the  word  "affirmative,"  in  lieu  thereof;  and  the  ques- 
tion being  put,  was  decided  in  the  negative — yeas  44;  nays  74. 

On  motion  of  Mr.  Goodp:,  of  Bedford,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  WiUiam  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 


Messrs.  Lewis  E.  Harvie, 

James  P.  Holcombe, 
Eppa  Hunton, 
Robert  C .  Kent, 


78 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Peter  B.  Borst, 
Wood  Bouldin, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
Maiiilius  Chapman, 
Raphael  M.  Conn, 
Richard  II.  Cox, 
John  Echols, 
Thomas  S.  Plonrnoy, 
Samnel  M.  Garland, 
Samuel  L.  Graham, 
William  L. 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Hall, 


Goggm. 


Messrs.  James  Lawson, 
Walter  D.  Leake, 
John  a.  Marr, 
John  L.  Marye,  Sr. 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Richardson, 
John  T.  Seawell, 
James  W.  Sheffey, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherhn, 
John  T.  Thornton, 
William  M.  Tredway, 
Samuel  C.  Williams, 
Henry  A.  Wise — 44. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Jaimey,  ( PresH)  Messrs, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Thomas  Branch, 
George  W\  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
Samuel  A.  Cofl'man, 
C.B.Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 


James  W.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
James  B.  Mallory, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spice r  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
William  C.  Scott, 
Thomas  Sitlington, 
Chai'les  R.  Slaughter, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  79 

Messrs.  William  H.  Dnlany,       Messrs.  Biirwell  Spnrlock, 

Jnbal  A.  Early,  Samuel  G.  Staples, 

Napoleon  B.  French,  Chapman  J.  Stuart, 

Colbert  C.  Fiigate,  George  W.  Summers, 

H.  L.  Gillespie,  Campbell  Tarr, 

Peyton  Gravely,  George  P.  Tayloe, 

Algernon  S.  Gray,  Edward  Waller, 

Addison  Hall,  William  White, 

Ephraim  B.  Hall,  Williams  C.  Wickham, 

Allen  C.  Hannnond,  Waitman  T.  W^illey, 

Alpheus  F.  Haymond,  Benjamin  Wilson — 74. 

Mr.  Richardson  moved  to  amend  the  resolution  further  by 
striking  out  all  after  the  word  ^'relations,"  in  the  3d  line,  to  the 
word  "and,"  in  the  llth  line,  and  inserting  in  lieu  thereof  the 
following: 

"  Respectfully  request  llie  people  of  the  Northern  States,  as  speedily  as  possi- 
ble, by  majority  votes  in  all  of  their  Congressional  Districts,  to  instruct  their  re- 
presentatives in  Congress,  to  propose  as  soon  as  it  can  be  assembled,  the  amend- 
ments to  the  Constitution,  declared  to  be  necessary  by  this  Convention,  to  be 
ratified  in  one  of  the  modes  provided  in  the  fifth  article  of  the  Constitution  of 
the  United  States." 

Mr.  Early  moved  to  amend  by  striking  out  the  whole  reso- 
lution, and  inserting  in  lieu  thereof  the  following: 

"  This  Convention  is  of  opinion  that  the  extraordinary  condition  of  the  country, 
resulting  from  our  present  national  difficulties,  renders  it  proper  and  necessary 
that  amendments  siiould  be  made  to  the  Federal  Constitution,  and  it  is  also  of 
opinion  tbat  tiie  proposed  amendments  to  the  said  Constitution  hereunto  ap- 
pended, if  adopted,  will  be  satisfactory  to  the  people  of  Virginia,  and  ought  to 
be  so  to  all  the  other  slave  States." 

Mr.  Hall,  of  Marion,  demanded  a  division  of  the  question, 
and  it  was  put  upon  striking  out,  and  dccified  in  the  negative. 

Mr.  Tarr  moved  to  amend  the  resolution  further  by  striking 
out  all  after  the  word  "will,"  in  the  14th  line,  and  inserting  in 
lieu  thereof  the  words,  "take  such  action  as  she  may  deem  ne- 
cessary to  the  maintenance  of  her  honor,  and  the  protection  of 
her  interests;"  and  the  question  being  put,  was  decided  in  the 
negative. 

On  motion  of  Mr.  Tarr,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  Janney,  (PresH)  Messrs.  Chester  D.  Hubbard, 
William  B,  Aston,  John  J.  Jackson, 

John  B.  Baldwin,  John  F.  Lewis, 

George  Baylor,  William  McComas, 

George  W.  Berlin,  James  C.  McGrew, 

Caleb  Boggess,  Henry  H.  Masters, 


80 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  William  G.  Brown, 
John  S.  Burdett, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
James  IL  Conch, 
W.  H.  B.  Cnstis, 
Marshall  M.  Dent, 
Jnbal  A,  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Ephraim  B.  Hall, 
Alphens  F.  Ilaymond, 


Messrs.  Logan  Osburn, 
S])icer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Timothy  Rives, 
Robert  E.  Scott, 
Thomas  Sitlington, 
Chapman  J,  Stuart, 
George  W .  Summers, 
Campbell  Tarr, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 39. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Wm.  M.  Ambler, 

Ed'd  M.  Armstrong, 
James  Barbour, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bonldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  ]l.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
James  B.  Uorman, 
William  H.  Dulany, 
^  John  Echols, 

Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 


Messrs.  John  N.  Hughes, 
Eppa  Hunton, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Eeake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
AVilliam  J.  Neblett, 
Hugh  M.  Nelson, 
Jdhnson  Orrick, 
William  C.  Parks, 
Samuel  Price, 
David  Pugh, 
George  W.  Richardson, 
William  C.  Scott, 
John  T.  Sea  well, 
James  W.  Stieffey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


81 


Messrs.  William  L.  Goggin, 
John  Goode,  .Ir. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Janjes  W.  Hoge, 
James  P.  Holcombe, 


Messrs.  Samuel  G.  Staples, 
.Tames  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
JolnrT.  Thornton, 
William  M.  Tredway, 
Edward  Waller, 
Samuel  C.  Williams, 
Henry  A.  Wise— 78. 


The  question  recm-red  upon  the  adoption  of  the  resolution  as 
amended,  and  was  decided  in  th«  affirmative — yeas  81 ;  nays  41. 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  vote  was  re- 
corded as  follows: 

The  name's  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler,      Messrs 
Edward  M.  Armstrong, 
Angus  R.  Blakcy, 
George  Blow,  Jr. 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Benjamin  W.  Bj'rne, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
Willinm  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Comi, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
John  Echols, 
Thomas  S.  Flonrnoy, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Sanniel  L.  Graham, 
Fendall  Gregory,  Jr. 
11 


Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
.Tohn  L.  Marye,  Sr. 
Horatio  G.  j\ioffett, 
Robert  L.  Montague, 
Edmund  T.  ^Morris, 
Jeremiah  Morton, 
Samuel  31c D.  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
William  C.  Parks, 
David  Piigh, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  ShetFey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Bnrwell  Spnrlock, 
Saiimel  G.  Staples, 
William  T.  Sutherlin, 


82 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Gyrus  Hall, 
Allen  G.  Hammond, 
Lewis  E.  Harvie, 
James  W.  Hoge, 
James  P.  Holcombe, 


Messrs.  George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
Samuel  G.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise — 81. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (PrcsH)  Messrs. 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
James  Barbour, 
Qeorge  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
James  Boisseau, 
William  G.  Brown, 
John  S.  Burdett, 
John  A.  Gampbell, 
John  S.  Garble, 
John  A.  Garter, 
G.  B.  Gonrad, 
James  H.  Gouch , 
Marshall  M.  Dent, 
Jubal  A.  Early, 
Golbert  G.  Fiigate, 
Peyton  Gravely, 
Ephraim  B.  Hall, 


Alpheus  F.  Haymond, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
Eppa  Hun  ton, 
John  J.  Jackson, 
John  F.  Lewis, 
William  McGomas, 
James  G.  McGrew, 
Henry  H.  Masters, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McG,  Porter, 
Samuel  Price, 
Thomas  Sitlington, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W,  Summers, 
Gampbell  Tarr, 
Wait.  T.  Willey— 41. 


On  motion  of  Mr.  Gritcher,  the  twelfth  resolution  was 
amended  by  inserting  after  the  word  ^^propositions,"  in  the  2d 
line,  the  words  ''of  amendment." 

Mr.  Garter  moved  to  amend  the  resolution  further  by  striking 
out  all  after  the  word  "authority,"  in  the  6th  line,  to  the  word 
''nor,"  in  the  10th  line;  and  the  question  being  put,  was  de- 
cided in  the  negative — yeas  34;  nays  85, 

On  motion  of  Mr.  Morton,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — • 

Messrs.  John  Janney,  (PresH)  Messrs.  John  N.  Hughes, 
John  B.  Baldwin,  John  J.  Jackson, 

George  W.  Berlin,  John  F.  Lewis, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


83 


Messrs.  Caleb  Boggess, 

William  G.  Brown, 
John  S.  Burdett, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
John  S»  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
James  H.  Conch, 
Marshall  M.  Dent, 
Jnbal  A.  Early, 
Peyton  Gravely, 
Ephraim  B.  Hall, 
James  W.  Hogc, 
Chester  D.  Hubbard, 


Messrs.  James  C.  McGrew, 
Henry  H.  Masters, 
Sanuiei  Mel).  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Timothy  Rives, 
Thomas  Sitlinglon, 
Burwell  Spurlock, 
Chapman  J.  Stnart, 
George  VV.  Summers, 
Campbell  Tarr, 
William  White, 
Wait.  T.  Willcy— 36. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  William  M.  Ambler,       Messrs. 
Edward  M.  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bonldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
INIanilius  Chapman, 
Samuel  A.  Coifman, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Crilcher, 
W.  H.  B.  Custis, 
Harvey  Dcskius, 
James  B.  Dorman, 
William  H.  Dulany, 
John  Echols, 


Lewis  E.  Hnrvie, 
Alpheus  F.  Hyymond, 
James  P.  Holcombe, 
Eppa  Hun  ton, 
Marmadukc  .Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mo  1  lory, 
James  Marshall, 
.Tohn  a.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Ncblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
William  C.  Parks, 
Samuel  Price, 
David  Pngh, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
James  W.  Slielfey, 


84 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Thomas  S.  Floumoy, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
H,  L.  Gillespie,, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hail, 
Allen  C.  Hammond, 


Messrs.  Charles  R.  Slaughter,. 
Jolin  M.  Speed, 
Samuel  G.  Staf)]es, 
James  M.  Strange,, 
William  T.  Sutherlin^ 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Edward  Waller, 
Williams  C.  Wickham, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise — 85. 


On  motion  of  Mr.  Staples,  the  Committee  rose. 


Wednesday,  April  10,  1861. 

The  consideration  of  the  report  of  the  Committee  on  Federal 
Belations  was  resumed. 

]Mr.  Akmsthong  moved  to  amend  the  twelfth  resolution  fur- 
ther, by  inserting  after  the  word  •' States^"  in  the  eighth  line, 
the  words  "within  their  jurisdiction."     Negatived. 

On  motion  of  Mr.  Campbell,  the  resolution  was  amended 
further,  by  striking  out  the  word  "nor,"  in  the  eighth  line. 

Mr.  Carlilr  moved  to  amend  fiu'ther,  by  striking  out  all  after 
the  word  "States,"  in  the  fifth  line,  and  the  question  being  put,, 
was  decided  in  the  negative — yeas  17;  nays  101. 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  G.  Brown, 
.John  S.  Burdett, 
James  Burley, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Marshall  M.  Dent, 
Jubal  A.  Early, 
Chester  D.  Hubbard, 


Messrs.  John  N.  Hughes, 
John  F.  Eewis, 
Samuel  McD.  Moore,. 
Spicer  Patrick, 
George  McC.  Porter,. 
John  D.  Sharp, 
Chapman  J.  Stuart, 
Campbell  Tarr— 17. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


85 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (P res' t)  Messrs. 
Wilh"ani  M.  Ambler, 
Edward  M.  Armstrong, 
Wilham  B.  Aston, 
John  13.  Haldwin, 
James  Barbour, 
George  Baylor, 
George  W.  Berhn, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  K.  Chambliss, 
Maniiius  Chapman, 
Sanniel  A.  ColFman, 
Kaphael  M.  Conn, 
Robert  Y.  Com-ad, 
James  H.  Couch, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dor  man, 
William  II.  Dalany, 
John  Echols, 
Thomas  8.  Flonrnoy, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 


James  P.  Holcombe, 
Eppa  Hun  ton, 
Lewis  D.  Isbell, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
James  Lawson, 
Walter  D.  l-eake, 
William  McComas, 
James  C.  McGrcAV, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  li.  Marye,  Sr. 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osbnrn, 
William  C.  Parks, 
Edmund  Pendleton, 
Samuel  Price, 
David  Pngh, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
John  T.  Sea  well, 
James  W.  Shcffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Burwell  S]nn'lock, 
Samuel  G.  Staples, 
James  M.  Strange, 
George  W.  Sununers, 
William  T.  Sntherlin, 
John  T.  Thornton, 
William  M.  Tredway, 


86 


JOURNAL  or  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Thomas  I'\  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Alpheiis  P.  Haymond, 
James  VV.  Hoge, 


Messrs.  Edward  Waller, 
William  White, 
Williams  C.  Wickharn, 
W^aitman  T.  Willey, 
Samuel  C.  Williams^ 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 104. 


Mr.  W^isE  moved  to  amend  the  resolution  further,  by  adding 
thereto,  the  following: 

"And  the  forts,  arsenals,  magazines,  and  other  places  ceded  to  the  United 
States,  in  the  limits  of  the  seceded  States,  ought,  for  the  purposes  of  pacifica- 
tion, to  be  evacuated  by  the  authorities  of  the  Federal  Government." 

The  question  was  put  and  decided  in  the  negative — yeas  60  j 
nays  67. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
W^illiam  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coif  man, 
Raphael  M.  Conn, 

^  Richard  H.  Cox, 

w  John  Critcher, 

John  Echols, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Algernon  S.  Gray, 
Fend  all  Gregory,  Jr. 
W^illiam  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 


Messrs.  James  P.  Holcombe, 
Eppa  Hun  ton, 
Lewis  I).  Isbell, 
Robert  C.  Kent, 
John  R,  Kilby, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mai  lory, 
James  B.  Mallory, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton. 
William  J.  Neblett, 
William  C.  Parks, 
George  W.  liichardson, 
John  T.  Sea  well, 
James  W.  Sheftey, 
Valentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sntherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


87 


Messrs.  Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 


Messrs.  Edward  Waller, 

Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 60. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  ( PrcsU)  Messrs. 
^  EdM^ard  M.  Armstrong, 

William  B.  Aston, 

John  B.  Baldwin, 

Alfred  M.  Barbour, 

George  Baylor, 

George  W.  Berlin, 

George  Blow,  Jr. 

Caleb  Bojjgess, 

William  W.  Boyd, 

George  W.  Brent, 

William  G.  Brown, 

John  S.  Burdett, 

James  Bnrley, 

John  A.  Campbell, 

Allen  T.  Caperton, 

John  S.  Carlile, 

John  A .  Carter, 

O.  B.  Conrad, 

Robert  Y.  Conrad, 

James  H.  Conch, 

W.  H.  B.  Custis, 

Marshall  M.  Dent, 

Harvey  Deskins, 

James  B.  Dorman, 

William  H.  Dulany, 

Jubal  A.  Early, 

Napoleon  B.  French, 

Colbert  C.  Fugate, 

H.  L.  Gillespie, 

Peyton  Gravely, 

Ephraim  B.  Hall, 

Allen  C.  Hammond, 

Alplieus  F.  Haymond, 

On  motion  of  Mr.  Summers,  the  resohition  was  amended 
further  by  striking  from  the  seventh  and  eighth  lines,  the  words, 
"  the  forts  now  in  possession  of  the  military  forces  of  the  United 
States;"  and  inserting  in  lieu  thereof  the  words,  ''any  of  the 
forts  situate  upon  the  mainland,  or  within  the  harbors  of  any 
of  the  seceded  States." 


James  W.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  Marshall, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugli, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sillington, 
Charles  R.  Slaughter, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White,         Q 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 67. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Mr.  Wise  moved  to  amend  further,  by  striking  out  the  word^ 
"nor,"  in  the  seventh  hrie,  and  inserting  the  word,  ''except." 

Mr.  Rives  moved  to  amend  the  proposed  amendment,  by 
adding  thereto  the  words,  ''with  provisions."     Negatived. 

Mr.  Wise,  by  general  consent,  then  withdrew  the  amendment 
submitted  by  hiin. 

Mr.  Baldwin  moved  to  amend  the  resolution  further,  by 
adding  thereto  the  following: 

♦ 

"And  the  forts,  arsenals,  magazines,  and  other  places  ceded  to  the  United 
States  and  situate  on  the  mainland,  or  for  the  protection  of  the  harbors  of  the 
seceded  States  ought,  for  the  purposes  of  pacification,  to  be  evacuated  by  the 
authorities  of  the  Federal  Government." 

The  question  being  put  was  decided  in  the  affirmative — yeas 
102;  nays  24. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  arc — 


Messrs.  .Tohn  Janney,  (Preset)  Messrs. 

William  M.  Ambler, 

Edward  M.  Armstrong, 

William  13.  Aston, 

John  B.  Baldwin, 

Alfred  M.  Barbour, 

James  Barbour, 

George  Baylor, 

Angus  R.  Blakey, 

George  Blow,  Jr. 

James  Boisseau, 

Peter  B.  Borst, 

Wood  Bouldin, 

William  W.  Boyd, 

Thomas  Branch, 

James  C.  Bruce, 

Benjamin  W.  Byrne, 
^  Frederick  M.  Cabell, 

^  John  A.  Campbell, 

"William  P.  Cecil, 

John  R.  Cliambliss, 

Manilius  Chapman, 

Samuel  A.  Coffman, 

Raphael  M.  Conn, 

James  H.  Conch, 

Richard  H.  Cox, 

John  Critcfier, 

Harvey  Deskins, 

James  B.  Dorman, 


Lewis  D.  Isbell, 
Marmadukc  Johnson, 
Peter  C.  Jojuiston, 
Robert  C.  Kent, 
John  K.  Kilby, 
James  Lawson, 
Walter  D.  Leake, 
William  McComas, 
Charles  K.  Mallory, 
.lames  B.  Mai  lory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
8amuel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
Samuel  Price, 
David  Pugh, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


89 


Messrs.  William  H,  Dulany, 
John  Echols, 
Thomas  S.  Flouriioy, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graliam, 
Fcndall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hanmiond, 
Lewis  E.  Harvie, 
Alpheus  F.Haymond, 
James  VV.  Hoge, 
James  P.  Holcombe, 
Eppa  Hunton, 


Messrs.  John  T.  Seaweli, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  j\I.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
James  ]\I.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Williams  C.   Wickham, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 102. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs,  Caleb  Boggess, 

George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
John  8.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
VV.  H.  B.  Custis, 
Marshall  M.  Dent, 
Jubal  A.  Early, 


Messrs.  Peyton  Gravely, 

(Chester  U.  Hubbard, 
John  N.  Hughes, 
John  .1.  Jackson, 
John  F.  Lewis, 
James  C.  BlcGrew, 
William  H.  Macfarland, 
Henry  H.  Mnsters, 
George  McC.  Porter, 
Campbell  Tarr, 
William  White, 
Wait.  T.  Willey— 24.  v 


The  twelfth  resolution,  as  amended,  was  then  adopted. 

On  motion  of  Mr.  Wise,  the  thirteenth  resolution  was  amended 
in  the  eighth  line,  by  striking  out  the  word,  ''them,"  and  in- 
serting in  lieu  thereof,  the  words,  "the  people  of  Virginia." 

Mr.  Wise  moved  to  amend  the  resolution  further,  by  striking 
out  all  after  the  word  "Commonwealth,"  in  the  5lli  and  6th 
lines. 

Mr.  Speed  moved  to  amend  the  amendment  by  leaving  out 
the  words,  "and  they  would  regard  any  such  action  on  the  part 
12 


90 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


of  the  seceded  or  confederated  States  as  hurtful  or  unfriendly." 
Negatived. 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Wise,  and  was  decided  in  the  negative — yeas  32;  nays  79. 

On  motion  of  Mr.  Sheffey,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
James  IJarbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  J5orst, 
Wood  Bouldin, 
James  C  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
Manilius  Cliapman, 
Raphael  M.  Conn, 
Thomas  S.  Flour noy, 
Samuel  M.  Garland, 
Fendall  Ciregory,  Jr. 
John  Goode,  Jr. 
Thomas  F.  Goode, 


Messrs.  F.  L.  Hale, 
Cyrus  Hall, 
James  P.  Holcombe, 
Lewis  D.  Isbell, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
WiUiam.).  Neblett, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 32. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (Preset)  Messrs. 
Edward  j\L  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alhed  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Bj'-rne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 


.John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Wm.  H.  Macfarland, 
James  B.  Mallory, 
James  Marshall, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


91 


Messrs.  James  H.  Couch, 
W.  n.  13.  Cnstis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Wilham  H.  Dulany, 
Juhal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Williaui  L.  Goggin, 
Addison  Hall, 
Ephraim  \l.  Hall, 
Allen  C.  Hammond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 


Messrs.  Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  L).  Sharp, 
James  W.  Shefley, 
Charles  R.  Slaughter, 
Burwell  Spurlock, 
Sanmel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 79. 


Mr.  Bruce  moved  to  amend,  by  striking  out  the  whole  of  the 
pending  resolution. 

Mr.  Johnson  moved  to  amend  the  resolution  by  striking  out 
all  after  the  word  ''Government,"  in  the  second  line,  and  in- 
serting in  lieu  thereof,  the  following: 

"Or  of  the  Confederated  States,  tending  to  prodiic-c  a  rollision  of  forces 
pending  efforts  for  the  adjustment  of  existing  diflicultics,  as  iin\\'ise  and  injurious 
to  the  interests  of  botli,  and  tliey  would  regard  any  such  action  on  tiie  part  of 
either  as  leaving  them  free  to  determine  their  own  future  policy." 

Mr.  DoRMAN  moved  to  amend  the  proposed  amendment,  by 
striking  out  the  word  "them,"  and  inserting  the  word  ''them- 
selves."    Negatived. 

The  amendment  proposed  by  l\Ir.  Johnson  was  then  agreed 
to. 

The  question  recurring  upon  the  amendment  submitted  by 
Mr.  Bruce  was  put,  and  decided  in  the  negative — yeas  39;  nays 
86- 

On  motion  of  Mr.  Bruce,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  i?lakey, 
James  Boisseau, 
Peter  B.  Burst, 


Messrs.  Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  Lawson, 
Walter  1).  Leake, 
James  B.  Mallory, 


92 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
Raphael  M.  Conn, 
Thomas  S.  Flournoy, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
Thomas  F.  Goode, 
Cyrus  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 


Messrs.  Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Richardson, 
John  T.  Seawell, 
Charles  R.  Slaughter, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin,    • 
John  T.  Thornton, 
William  M.  Tredway, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 39. 


The  names  of  those  who  voted  in  the  negative  arc — 


Messrs.  John  Janney,  (Pres't)  Messrs 
Edward  M.  Armstrong, 
Wilham  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  I^erlin, 
Geovge  Blow,  Jr. 
Caleb  Boggess, 
Wilham  W.  Boyd, 
George  W\  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Barley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Manilius  Chapman, 
Samuel  A.  Coti'man, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  JNI.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 


James  W.  Hoge, 
Chester  1).  Hubbard, 
John  N.  Hughes, 
John  J.  .Tack son, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  MofFett, 
Samuel  McL).  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Wilham  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  ]McC.  Porter, 
Sanniel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  93 

Messrs.  Jiibal  A.  Early,  Messrs.  .lames  W.  Sheffey, 

John  Ecliols,  Thomas  SitUngton, 

Napoleon  B.  French,  Bnrwell  Spnrlock, 

Colbert  C.  Fugate,  Samuel  G.  Staples, 

Samuel  M.  Garland,  Chapman  J.  Stuart, 

H.  L.  Gillespie,  George  W.  Svmimers, 

Peyton  Gravely,  Campbell  Tarr, 

Algernon  S.  Gray,  George  P.  Tayloe, 

William  L.  Goggin,  Edward  Waller, 

F.  L.  Hale,  William  White, 

Addison  Hall,  Robert  H.  Whitfield, 

Ephraira  B.  Hall,  Williams  C.  Wickham, 

Allen  C.  Hammond,  Waitman  T.  Willey, 

Alphens  F.  Haymond,  Benjamin  Wilson — 86. 

The  thirteenth  resolution,  as  amended,  was  then  adopted. 

Mr.  Flournoy  moved  to  pass  by  the  fourteenth  resolution,  for 
the  present,  with  the  view  of  proceeding  to  the  consideration  of 
the  amendments  to  the  Constitution  of  the  United  States,  pro- 
posed by  the  Conmiittee  on  Federal  Relations.     Negatived. 

Mr.  Scott,  of  Fau(]uier,  moved  to  amend  the  fourteenth  re- 
solution, by  adding  thereto  the  following: 

"And  in  the  event  that  favorable  responses  on  the  part  of  the  non-slavchold- 
ing  States  be  not  made  to  the  proposed  amendments  to  the  Constitution,  by  tlie 
time  appointed  for  the  ro-asscmbliiia;  of  this  body,  it  is  the  opinion  of  this  Con- 
vention that  the  said  States  of  Delaware,  Maryland,  North  Carolina,  Tennessee, 
Kentucky,  Alissouri  and  Arkansas  on?;ht  to  assemble  in  primary  conventions, 
and  in  conjunction  with  this  State  convene  at  on  the  day  of 

a  Congress  of  the  said  States  composed  of  delegates  to  be  ap- 
pointed by  the  respective  conventions  thereof  for  the  purpose  of  recommending 
an  amended  constitution  of  government  upon  which  the  Union  of  the  States  and 
the  Confederated  States  with  such  of  the  non-slaveholding  States  as  may  concur 
therein  can  be  safely  eflected;  to  which  Congress  tlie  Confederated  States  and 
the  concurring  non-slaveholding  States  ought  to  be  invited  to  send  Commis- 
sioners." 

JMr.  Baldwin  moved  to  amend  the  proposed  amendment,  hy 
striking  out  the  clause  "at  on  the         day  of  ;" 

pending  the  consideration  of  which, 

On  motion  of  Mr.  Moore,  the  Committee  rose. 


Thursd.w,  April  11,  1861. 

The  consideration  of  the  report  of  the.  Committee  on  Federal 
Relations  was  resumed. 

The  amendment  proposed  yesterday,  by  Mr.  Baldwin  to  the 
amendment  to  the  fourteenth  resolution,  submitted  by  Mr.  Scott, 
of  P^auquier,  was  agreed  to. 


94  JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 

Mr.  Bruce  then  moved  to  amend  the  pending  amendment, 
by  striking  out  all  after  the  word  ^'and,"  in  the  first  Hne,  and 
inserting  a  proposition  submitted  by  him;  but,  subsequently,  he 
asked  leave  to  withdraw  the  motion,  and  objection  being  made, 
the  question  was  put  on  granting  leave,  and  decided  in  the  affir- 
mative. 

Mr.  Wise  moved  to  amend  the  proposed  aniendmcnt,  by  stri- 
king out  all  after  the  word  ''body/'  in  the  4th  line,  and  insert- 
ing the  following: 

"That  the  said  States  of  Delaware,  Maryland,  North  Carolina,  Tennessee, 
Kentucky,  Missouri  and  Arkansas  be  notified  that  this  Convention  will  recom- 
mend to  the  people  of  Virginia  to  resume  the  powers  granted  by  them  under  the 
Constitution  of  the  United  States,  and  to  withdraw  from  their  present  confede- 
racy with  non-slavcholding  States;  and  that  they  be  requested  to  unite  wilh  the 
people  of  Virginia  in  sucli  withdrawal.  And  that  it  be  also  recommended  to 
them  to  act,  in  said  contingency,  independently  for  themselves,  and  to  withdraw, 
either  separately  or  in  conjunction  with  such  of  the  border  slaveholding  States 
as  will  unite  in  their  action,  whether  any  or  all  of  said  States  will  unite  in  the 
same  or  not." 

The  question  was  put,  and  decided  in  the  negative — yeas  54; 
nays  79. 

On  motion  of  Mr.  Macfarland,  the  vote  was  recorded  as 
follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  William  M.  Ambler,       Messrs.  Robert  C.  Kent, 

James  Barbmir,  .Tames  I.jawson, 

Angus  R.  Blakey,  Walter  I).  Leake, 

James  Boisseau,  William  H.  Macfarland, 

Peter  B.  Borst,  Charles  K.  Mallf)ry, 

Wood  Bouldin,  James  B.  Mallory, 

Thomas  Branch,  John  Q.  Marr, 

James  C.  Bruce,  John  L.  Marye,Sr. 

Frederick  M.  Cabell,  Fleming  B.  Miller, 

William  P.  Cecil,  Edmund  T.  Morris, 

John  R.  Chambliss,  Jeremiah  Morton, 

Manilius  Chapman,  William  J.  Neblett, 

Raphael  M.  Conn,  George  W.  Richardson, 

Thomas  S.  Flournoy,  John  T.nSeawell, 

Samuel  M.  Garland,  James  VV.  Sheffisy, 

Samuel  L.Graham,  Charles  R.  Slaughter, 

Fendall  Gregory,  Jr.  John  M.  Speed, 

William  L.  Goggin,  James  M.  Strange, 

John  Goode,  Jr.  William  T.  Sutherlin, 

Thomas  F.  Goode,  John  T.  Thornton, 

F.  L.  Hale,  William  M.  Tredway, 

Cvrus  Hall,  Robert  H.  Turner, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


95 


Messrs.  L.  S.  Hall, 

•  LeAvis  E.  Harvie, 

James  P.  Holcombc^ 
Eppa  Hun  ton, 
Lewis  D.  Isbell, 


Messrs.  John  Tyler, 

•Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 54. 


The  names  of  those  who  voted  in  the  negative  are 


Messrs.  John  Janney,  (Pres't)  Messrs.  James  W.  Hoge,' 


/ 


Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Calcl3  Bnggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  8.  Bnrdett, 
James  Barley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
Sanmel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critciier, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harv^ey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jubal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Ftigate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 


J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  .lackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moftett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  jMcC,  Porter, 
Samuel  Price, 
David  Pngh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 79. 


9G 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Mr.  Wise  then  moved  to  amend  the  proposed  amendment,  by 
adding  thereto  the  following: 

"And  in  the  event  that  the  said  Congress  shall  not  concur  in  measures  of  ad- 
justment of  pcnditif!:  difricultios,  acceptable  to  Virginia,  then  it  be  recommended 
to  the  people  of  Virginia  to  resume  the  powers  granted  by  them  under  the  Con- 
stitution of  the  United  States." 

The  question  was  put,  and  decided  in  the  negative — yeas  48j 
nays  82. 

On  motion  of  Mr.  Wipe,  the  vote  was  recorded  as  follows: 

Tiic  names  of  those  wlio  voted  in  the  affirmative  are — 


Messrs,  Wm.  M.  Ambler, 
(jieorge  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
AV^ood  Boiildin, 
William  W.  Boyd, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
Maniliiis  Chapman, 
Samuel  A.  Cofl'man, 
Raphael  M.  Conn, 
Samuel  M.  Garland, 
Samuel  1^.  Graham, 
Fendall  Gregory,  Jr. 
William  li.  Goggiii, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Ihdl, 
Lewis  K.  Harvie, 
James  P.  Ilolcoinbe, 
Eppa  Hunton, 
Lewis  D.  Is  bell. 


Messrs.  Robert  C.  Kent, 
James  Lawson, 
Walter  I).  Leake, 
Charles  K.  Mallory, 
John  U.  Marr, 
John  ]..  .Ahirye,  Sr. 
Fleming  B.  Miller, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
William  C.  Parks, 
George  W,  Richardson, 
John  T.  Seawell, 
James  W.  Sheffey, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton, 
Robert  H.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Samuel  C.  A\  illiains, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor^S. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Janney,  (PrcsH)  Messrs. 
Ed'd  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
Calei)  Boggess, 
Thomas  Branch, 


J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


97 


Messrs.  George  W.  Brent, 
William  CJ.  Brown, 
James  C    Bruce, 
John  S.  Burdett, 
James  Burley, 
Beiijanjin  VV.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A,  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H    B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  II.  Dnlany, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  (lillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


Messrs.  William  McComas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  B.  Mallory, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pngh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spnrhck, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  W^aller, 
William  White, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 80. 


Mr.  Thornton  moved  to  amend  the  proposed  amendment,  by 
striking  out  all  after  the  word  ''body,"  in  the  4th  line,  and  in- 
serting the  following: 

"  Tlie  State  of  Virginia  will  immediately  resume  the  powers  wliirh  she  has 
delegated  to  the  Federal  Government  under  the  Federal  Constitution;  and  the 
Convention  would  earnestly  recommend  to  the  slavehoiding  States  yet  remoining 
in  the  Union  to  assemble  at  once  in  conventions,  and  [irovide  for  a  similar  re- 
sumption of  their  granted  powers;  and  it  is  also  tlie  opinion  of  this  Convention 
that  in  the  contingency  which  has  heen  indicated,  all  the  slave  States,  as  well 
those  now  in  the  Union,  as  those  forming  the  Confederate  States,  should  assem- 
ble in  Congress  for  the  formation  of  a  permanent  constitution  of  government." 

The  question  was  put,  and  decided  in  the  negative — yeas  54j 
nays  77. 

13 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


On  motion  of  Mr.  Hauvie,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler^ 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
WilHam  P.  Cecil, 
John  R.  Chambliss, 
Manihus  Chajiman, 
Raphael  M.  Conn, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fondall  Gregory,  Jr. 
Wilham  L.  Goggin, 
John  Cioode,  Jr. 
Thomas  F.  Goode; 
F.  ]..  Hale, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 


Messrs.  Robert  C.  Kent, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James.  B.  Mallory, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Johnson  Orrick, 
William  C.  Parks, 
George  W.  Richardson, 
John  T.  Sea  well, 
James  W.  ShefTcy, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  vSpeed, 
James  M.  Strange, 
'    William  T.  Sutherlin, 
Jolin  T.  Thornton, 
"William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 54. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  (Pres't)  Messrs. 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Barley, 


James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Wm.  H   Macfarland, 
James  Marshall, 
Thomas  Maslin, 


JOURNAL  OF  THE  COMMITTEE  OF  TEE  WEOLE. 


99 


Messrs-  Bonjnmin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
8herraid  Clemens, 
Samuel  A.  Coffman, 
C  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  PI.  Dulany, 
Jiibal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
H.  h.  Gillespie, 
Peyton  Gravely, 
Addison  Hall, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 


Messrs.  Henry  H.  ^^asters, 
Horatio  G.  Moffett, 
Samuel  j\lcl).  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmnnd  Pendleton, 
George  McC,  Porter, 
Samuel  Price, 
David  Pngh, 
Timothy  Hives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Bnrwell  Spnrlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  VV.  Summers, 
Campbell  Tarr, 
George^P.  Tayloe, 
Edvard  Waller, 
AVilliam  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 77. 


Mr.  BouLDiN  moved  to  amend  the  proposed  amendment,  by 
striking  frotn  the  16th  line  the  word  ^'concurring;"  and  the 
question  being  put,  was  decided  in  the  affirmative — yeas  70; 
nays  01. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 

Ed'd  M.  Armstrong, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Ca])ell, 
Allen  T.  Caperton, 
John  R.  Chambliss, 


Messrs.  James  Lawson, 

Walter  D.  liCake, 
William  H.  Macfxrland, 
Charle.s  K.  Mallory, 
James  B.  Mallory, 
James  INIarshall, 
iohn  Q.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 


100 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Manilius  Chapman^ 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
James  B.  Dornian, 
John  Echols, 
Thomas  S.  Flournoy, 
Samiu'l  M.  Garland, 
H.  L.  Gillespie, 
Samuel  li.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Cyrns  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  P^.  Holcombe, 
Eppa  Hnntoti, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 


Messrs,  Jolinson  Orrick, 

Wilham  C.  Parks, 
Edmund  Pendleton, 
David  Piigh, 
George  W.  Richardson, 
John  T.  Sea  well, 
James  VV.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Stran<:e, 
William  T.  Suiherlin, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samufd  C.  W  illiams, 
Henry  A.  Wise — 70. 


The  names  of  those  who  voted  in  the  nesative  are — 


Messrs.  John  Janney,  (Preset)  Messrs. 
William  B.  Aston, 
Jnhn  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
George  VV.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
James  H.  Couch, 
John  Critcher, 
VV.  H.  B.  Cnstis, 
Marshall  M.  Dent, 
Harvey  Deskins, 


Alpheus  F.  Haymond, 
James  VV.  Hoge, 
J.  G.  Hf  Uaday, 
Chester  D.  Hubbard, 
George  W.  Hull, 
John  J. Jackson, 
Marmadnke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Thomas  Maslin, 
Henry  H.  Masters, 
Samuel  xMcD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
George  McC.  Porter, 
Samuel  Price, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


101 


Messrs.  William  H.  Diilany, 
Jiibal  A.  Early, 
Napoleon  B.  French. 
Colbert  C.  Fugate, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 


Messrs.  Burwell  Spurlock, 
Chapman  .1.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.  Wickham, 
Waitnian  T.  Willey, 
Benjamin  Wilson — GO. 


On  motion  of  Mr.  Bouldin,  the  amendment  was  further 
amended  in  the  IGth  line,  by  inserting  after  the  word  ''States," 
the  words  ''concurring  in  the  amendments  to  the  Federal  Con- 
stitution proposed  by  this  Convention." 

Mr.  Carlile  moved  to  amend  the  amendment  further,  by 
striking  from  the  3d  and  4lh  lines  the  words  "  time  appointed 
for  the  re-assembling  of  this  body,"  and  inserting  in  lieu  thereof, 
"fourth  day  of  jNIarch,  18G5;"  but,  subsequently  asked  leave  to 
withdraw  the  motion,  and  objection  being  made,  the  question 
v/as  put  on  granting  leave,  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Summers,  the  amendment  was  further 
amended  in  the  first  line,  by  striking  out  the  word  "favorable" 
and  inserting  the  word  "satisfactory." 

Mr.  Wise  moved  to  amend  the  amendment  further,  by  adding 
thereto  the  following: 

••  But  this  Convention  protests  that  this  provision  for  a  separate  Congress,  to 
be  held  by  States  still  remaining  in  the  Union,  shalll  not  be  construed  to  erect  a 
government  superseding  the  present  Congress  and  Government  of  the  United 
States,  and  whilst  holding  this  exclusive  and  sectional  Congress,  it  shall  not  au- 
thorize any  Stale  to  enter  into  any  treaty,  alliance,  or  confederation,  and  into 
no  agreement  or  compact  with  another  State,  contrary  to  the  first  and  third 
clauses  of  section  ten  of  article  one  of  the  Constitution  of  the  United  States." 


The  question  was  put  and  decided  in  the  negative — yeas  27; 
nays  100. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
Angus  R.  Blakey, 
Peter  B.  Borst, 
William  P.  Cecil, 
John  R.  Cham  bliss, 
Raphael  M.  Conn, 
Samuel  L.  Graham, 
Wilham  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 


Messrs.  Lewis  D.  Isbell, 
James  L^awson, 
Walter  D.  Lea  Ice, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
John  T.  Seawell, 
John  M.  Speed, 
James  M.  Strange, 
John  T.  Thornton, 


102 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  F.  L.  Hale, 
Cyrus  Hall, 
Lewis  E.  Harvie, 
Eppa  Himton, 


Messrs.  Robert  H.  Turner, 

Samuel  C.  V\  illiams, 
Henry  A.  Wise — 27. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  .Tnhn  Janney,  (Preset)  Messrs. 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
Manilius  Chapman, 
Sherrard  Clemens, 
Samuel  A.  Colfman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jnbal  A.  Earlj^, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 


James  P.  Holcombe, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 
George  W.  Hull, 
John  J.  Jackson, 
Marmadnke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
Johu  F.  Lewis, 
William  McComas, 
James  C.  McGiew, 
William  H.  Maclarland, 
Charles  K.  Mallory, 
James  B.  Mai  lory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Johnson  Oriick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  jNIcC.  Porter, 
David  Pugh, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  ShefFey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


103 


Messrs.  Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 


Messrs.  George  W,  Summers, 
William  T.  Sutherlin, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  M.  Tredway, 
Edward  Waller, 
William  White, 
Williams  C.  VVickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 100. 


Mr.  Macfarland  moved  to  amend  the  amendment  further, 
by  striking  out  all  after  the  word  '^Arkansas,"  in  the  Gth  line, 
and  inserting  the  following: 

"And  such  of  the  non-slave  States  as  may  declare  their  assent  to  the  said 
amendments  oiic;ht  to  resume  the  powers  granted  under  the  Constitution,  and 
withdraw  from  tiieir  present  Confederacy,  and  provide  in  their  act  of  resump- 
tion and  withdrawal  for  a  Congress,  composed  of  delegates  from  the  Confede- 
rated and  other  States  aforesaid,  to  recommend  a  constitution  under  which  this 
union  can  be  effected." 

The  question  was  put  and  decided  in  the  negative. 

Mr.  Macfarland  then  moved  to  amend  the  amendment  in 
the  same  line,  by  striking  out  the  word  -'and,"  he  indicating 
a  purpose  to  follow  up  the  amendment,  if  agreed  to,  with  a  far- 
ther proposition  to  amend. 

The  question  was  put  and  decided  in  the  negative. 

Mr.  Slaugfiter  moved  to  amend  the  amendment  further,  by 
striking  out  all  after  the  word  "and,"  in  the  first  line,  and  in- 
serting, "also  to  cause  conventions  similar  to  this  to  be  held  in 
each  of  said  States,  to  meet  on  the  day  which  may  be  fixed  for 
the  re-assembling  of  this  Convention." 

The  question  was  put,  and  decided  in  the  negative — yeas  49; 
nays  8:3. 

On  motion  of  Mr.  Flournoy,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 


Messrs.  James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
Jolm  Q,.  Marr, 
Fleming  B.  Miller, 
Edmund  T.  Morris, 


104 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs,  John  R.  Cham  bliss, 
ManiHus  Chapman, 
Raphael  M.  Conn, 
John  Echols, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Cyrns  Hall, 
Lewis  E.  Harvie, 


Messrs.  Jeremiah  Morton, 
William  J.  Neblett, 
George  W.  Richardson, 
John  T.  Seawell, 
Charles  R   Slaughter, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 49. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janncy,  (PrcsU)  Messrs. 
Edward  M.  Armstrong, 
William  13.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
JiMin  S.  Carlile, 
Sherrard  Clemens, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H    Couch, 
John  C  rite  her, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 


John  N.  Huj 
George  W. 


,ghes, 

5 H.iU, 

John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  B.  JVlallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Motfett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Lo»an  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
Uavid  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


105 


Messrs.  .Tubal  A.  Early, 

Napoleon  B.  French, 
Colbert  C.  Fiigate, 
H.  L.  Gillespie, 
Pe3'^ton  Gravely, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge^ 
J.G.  Holladay, 
Chester  D.  Hubbard, 


Messrs.  Valentine  W.  Southall, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 83. 


Mr.  Flourxoy  moved  to  amend  the  amendment  further,  by 
inserting  after  the  word  '^  Constitution,"  in  the  third  line,  the 
words  "presented  by  this  Convention;"  and  the  question  being 
put,  was  decided  in  the  negative — yeas  56;  nays  72. 

On  motion  of  Mr.  Ambler,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
Angus  R,.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffiiian, 
Raphael  M.  Conn, 
.Tames  B.  Dor  man, 
JoIhi  Echols, 
Thomas  S.  Flournoy, 
William  VV.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 
William  L   Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
14 


Messrs.  Lewis  E.  Harvie, 

James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Ivent, 
John  R.  Kilby, 
James  Lawson, 
Walter  D.  liCake, 
Charles  K.  Mallory, 
John  (i.  Marr, 
John  L.  Marye,  Sr. 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
George  W.  Richardson, 
John  T.  Sea  well, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Samuel  G.  Staples, 
James  M    Strange, 
William  T.  Sntherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 


106 


JOITRNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  F.  L.  Hale, 
Cyras  Hall, 
L.  S.  Hall, 


Messrs.  Samuel  C.  Williams, 
Henry  A.  Wise, 
Beiij.  F.  Wysor — 56. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  J auney,  (Pros'' t)  Messrs. 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Bnrdett, 
Janies  Biirley, 
Benjamin  W.  Byrne, 
John  A.  (vampbell, 
John  S.  Curlile, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
.lohn  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
William  H.  Dnlany, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
H.  L.  Gillespie, 
Algernon  S.  Gray, 
Addison  Hall, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 
Chester  D.  Hubbard, 


John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  Mn Comas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  B.  Mallory, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G .  Moffett, 
Samuel  McD.  Moore, 
Logan  Osbnrn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pngh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Canjpbell  Tarr, 
George  P.  Tayloe, 
Edward  AValler, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 72. 


On  motion  of  Mr.  Marr,  the  Committee  rose. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


107 


Friday,  April  12,  1861. 

The  consideration  of  the  Report  of  the  Committee  on  Federal 
Relations  was  resumed. 

Mr.  Wise  moved  to  amend  tlie  amendment  of  Mr.  Scott,  by- 
striking  from  the  10th  and  llth  hnes,  the  words  '<  appointed  by 
the  respective  conventions  thereof,"  and  inserting  the  f  )llowing: 

"Elected  lor  this  State  by  the  people  thereof,  voting  by  congressional  districts 
for  thirteen  delegates,  one  for  each  district,  and  by  the  Slate  at  large  for  two 
delegates,  one  to  be  selected  from  tiic  east  and  one  from  the  west  of  the  Blue 
Ridge." 

The  question  was  put  and  decided  in  the  negative — yeas  53; 
nays  74. 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
•Tames  Barbour, 
Angus  R.  Blakey, 
James  J3oisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Sanmel  M.  Garland, 
Samuel  L.  Craham, 
Fendell  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Cyrus  Hall, 
Lewis  E.  Harvie, 
James  P.  Ilolconibe, 
Eppa  Hun  ton. 


Messrs.  Lewis  D.  Isboll, 
Kohert  C.  Kent, 
James  Lawson, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Ednuind  T.  Morris, 
Jeremiah  Morton, 
George  W.  Richardson, 
Timothy  Rives, 
James  W.  Shelley, 
Charles  R.  Slaughter, 
John  M.  Speed, 
James  j\l.  Strange, 
William  T.  Sutlierlin, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A,  Wise, 
Benj.  F.  Wysor— 53. 


108 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Jolm  Janney,  (PresH)  Messrs. 
Edward  M.  Armstrong, 
WilUam  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
CalelD  Boggess, 
George  W.  Brent, 
Wilhani  G.  Brown, 
John  S.  Burdett, 
James  Bnrley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
Manilius  Chapman, 

Sherrard  Clemens, 

C.  B.  Conrad, 
Robert  Y.  Conrad, 

James  H.  Couch, 

John  Critcher, 

W.  H.  B.  Custis, 

Marshall  Al.  Dent, 

Harvey  DesUins, 

James  B.  Dorman, 

William  H.  Dulany, 

Jnhal  A.  Early, 

John  Echols, 

JNapoleon  B.  French, 

Colbert  C.  Fugate, 

H.  L.  Gillespie, 

Pe^'ton  Gravely, 

Algernon  S.  Gray, 

Ephraim  B.  Hall, 


Allen  C.  Hammond, 
Alphens  F.  Haymond, 
J.  G.  Holiaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComas/ 
James  C.  McGrew, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  Mel).  Moore, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Sanmel  Price, 
David  Pugh, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Bm-well  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Wait.  T.  AVilley— 74. 


After  the  result  was  announced  Mr.  Wilson  asked  leave  to 
correct  his  vote  so  as  to  record  it  in  the  negative  instead  of  in 
the  atlirmative.  The  Chair  decided  that  the  correction  could 
not  be  made  except  by  general  consent. 

Mr.  Morton  inoved  to  amend  the  amendment,  by  striking  out 
the  word  ^'responses,"  in  the  first  line,  and  inserting  the  word 
'^ answers."     He  subsequently  asked  leave  to  withdraw  the  mo- 


JOURNAL  OF  TEfE  COMMITTEE  OF  THE  WHOLE. 


109 


tion,  but  objection  being  made,  the  question  upon  granting  leave 
was  put,  and  decided  in  the  affirinative. 

Mr.  BouLDiN  moved  to  amend  the  amendment,  by  striking 
from  the  10th  and  1 1th  lines-  the  words  ^^ appointed  by  the  re- 
spective conventions  thereof,"  and  inserting  the  followino-: 

"Elected  for  this  State  by  tlie  people  tlicreof  voting  by  districts,  arran2;cd  on 
the  suffrage  basis  of  representation,  for  fifteen  delegates,  one  for  each  district." 

The  qnestion  was  put,  and  decided  in  the  negative— yeas  61  j 
nays  60. 

On  motion  of  Mr.  Bouldix,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
.Tames  Barliour, 
Angus  R.  Blakey, 
James  Boisseau, 
Wood  Bontdin, 
William  W.  Boyd, 
Thomas  Branch, 
James  C.  Brnce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilins  Chapman, 
Sherrard  Clemens, 
Samuel  A.  Coffman, 
Rapliael  M.  Cmm, 
John  Echols, 
Thomas  S.  Flonrnoy, 
William  W.  Forbes, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graliam, 
Peyton  Gravely, 
F(nidaH  Gregory,  Jr. 
William  li.  Goggin^ 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hnnton, 


Messrs.  Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  Lawson, 
William  H.  Macfarland, 
Charles  K.  Mallory. 
James  B.  Mallory, 
John  Ti.  Ma  rye,  Sr. 
Fleming  B.  Miller, 
Edmund  T.  Morris^ 
Jeremiah  Morton, 
William  C.  Parks, 
George  W.  Richardson, 
Timothy  Rives, 
John  T.  Seawoll, 
James  W.  Shefiey, 
Charles  R.  Slaughter, 
Valentine  W.  Solithall, 
John  M.  Speed, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
James  M.  Strange, 
William  T.  Suthcrlin, 
George  P.  Ta^  loe, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Edward  W'allcr, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Benj.  F.  Wysor— 61. 


110 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


The  names  of  those  wlio  voted. in  the  negative  are- 


Messrs.  .John  .Tanney,  (Pres''t)  Messrs. 
Ijdward  M.  Armstrong, 
AS'illiam  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barhour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
George  \V' .  Brent, 
William  G.  Brown, 
John  S.  Btirdctt, 
James  Bnrley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  II.  Conch, 
John  Crilcher, 
W.  H.  B.  Cnstis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Algernon  S.  Gray, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 


Alphens  F.  Haymond, 
J.  G.  Holladay, 
Chester  D.  Hnbbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
James  Marshall, 
Thomas  Maslin, 
Henry  II.  Masters, 
Horatio  G    Moffett, 
Samuel  McD.  Moore, 
Logan  Osbnrn, 
Spicer  Pa  nick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Robert  K.  Scott, 
John  I).  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Henry  A.  W'ise — 66. 


Mr.  Baldwin  moved  to  amend  the  amendment,  by  inserting 
after  the  word  <' Government,"  in  the  12th  line,  the  words  ''to 
be  submitted,  for  ratification,  to  the  people  of  the  several  States." 

The  question  was  put,  and  decided  in  the  affirmative — yeas 
124;  nays  4. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Jamiey,  (Preset)  Messrs.  Chester  D.  Hubbard, 
Wm.  M.  Ambler,  John  N.  Hughes, 


JOrRKAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Ill 


Messrs.  Edw'd  M.Armstrong, 
AVilliam  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
James  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Caleb  Boggess, 
Peter  B.  Borst, 
Wood  Bonldin, 
William  \V.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  C.  Bruce, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
William  P.  Cecil, 
Manilius  Chapman, 
Sherrard  Clemens, 
Saniuel  A.  CofFman, 
Raphael  M.  Conn, 
('.  B.  Conrad, 
Robert  Y.  Conrad, 
.lames  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L,  Graham, 


Messrs.  George  W.  Hull, 
Eppa  Huntou, 
Lewis  1).  Isbcll, 
John  J.  Jackson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
John  F.  Lewis, 
William  Mc Comas, 
James  C.  McGrew, 
William  H.  Macfarland, 
Charles  K.  Mai  lory, 
James  B.  Mallmy, 
James  Marshall, 
John  Q,  Marr, 
John  L.  ]\Iarye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Flem'ing  B.  Miller, 
Horatio  G.  Mnffett, 
Edmund  T.  Morris, 
•Terciniah  Morton, 
^     San)uel  McD.  Moore, 
Hugh  M.  Nelson, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
George  VV.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Summers, 
William  T.  Sutherlin, 


112 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Peyton  Gravel \^, 
Algernon  S.  Gray, 
Fendall  Greg.iry,  Jr. 
William  L.  Goggin, 
John  Goodc,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Ephraim  1^.  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
Alphens  F.  Haymond, 
James  V.  Holcombe, 
J.  G.  Holladay, 


Messrs.  Campbell  Tarr, 

George  P.  Tayloe, 
John  T.  Thornton, 
Robert  H.  Turner, 
John  Tyli^r, 
Edward  W^aller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  W'illey, 
Samnel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 124. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  James  Boisseau, 

John  R.  Chambliss, 


Messrs.  John  R.  Kilby, 

Wni.  M.  Tredway— 4. 


Mr.  Harvie  moved  to  amend  the  amendment  further,  by  stri- 
king out  frf)m  the  <'  Constitution,"  in  the  third  line,  to  the  Avord 
''it,"  in  the  fourth  hue,  and  inserting  "  by  the  first  of  October 
next." 

The  question  was  put,  and  decided  in  the  negative — yeas  44j 
nays  TO. 

On  motion  of  Mr.  Harvie,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  aflirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
Jan)es  Boisseau, 
Peter  B.  Borst, 
AVood  Bouldin, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Raphael  M.  Conn, 
John  Echols, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregor\',  Jr. 


Messrs.  Lewis  E.  Harvie, 

James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  Lawson, 
Charles  K.  Mallory, 
John  Q,.  Marr, 
Fleming  B.  ]\liller, 
Edmund  T.  ^lorris, 
Jeremiah  ^lorlon, 
George  W.  Richardson. 
James  W.  8heffey, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Sutherlin, 
William  M.  Tredway, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


113 


Messrs.  William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Hall, 


Messrs.  Robert  H.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 44. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Janney,  (PresH)  Messrs, 
Edward  M.  Armstrong, 
AVilliain  B    Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Caleb  Boggess, 
Thomas  Branch, 
William  G.  Brown, 
John  S.  Bnrdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
►Shcrrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Cnstis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Jnbal  A.  Early, 
Napoleon  B.  J-^rench, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
J.  G  HoUaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  R.  Kilby, 
John  F.  Lewis, 
William  Mc Comas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 76. 


15 


114 


JOUKNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Mr.  Wise  moved  to  amend  the  amendment,  by  inserting  after 
the  word  "time/' in  the  third  line,  the  words  "to  be."  Ne- 
gatived. 

Mr.  Early  moved  to  amend  the  amendment,  by  striking  out 
from  the  word  "Constitution,"  in  the  third  line,  to  the  word 
"it,"  in  the  fourth  line,  and  inserting  "within  a  reasonable 
time."     Negatived. 

Mr.  Blakey  moved  to  amend  the  amendment,  by  striking  out 
from  the  word  " delegates,"  in  the  tenth  line,  to  the  word  "for," 
in  the  eleventh  line,  and  inserting  the  following: 

"Corresponding  in  number  to  the  number  of  electors  to  which  the  said  States 
are  respectively  entitled  in  a  presidential  election;  the  said  delegates  shall  be 
elected  by  the  people  of  the  said  States  at  elections  to  be  held  in  tdeir  respective 
electoral  districts,  and  in  said  Congress  each  State  shall  cast  the  same  number  of 
Totes  that  she  now  casts  in  the  Congress  of  the  United  States." 

The  question  was  put  and  decided  in  the  negative. 
Mr.  GooDE,  of  Mecklenburg,  moved  to  amend  further,  by 
stirking  out  the  word  "  Confederated,"  in  the  13th  line,  and  in- 


serting the  word  "Southern." 


Negatived , 


The  amendment,  as  amended,  was  then  adopted — yeas  76; 
nays  42. 

On  motion  of  Mr.  Harvie,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Janney,  (Pres''t)  Messrs. 
K.  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Manilius  Capman, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 


John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  11.  Kilby, 
Jofin  F.  Lewis, 
William  McComas, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moifett, 
Samuel  McD.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  115 


Messrs.  Marshall  M.  Dent, 
Hr.rvey  Deskins, 
James  B.  Dorman, 
William  H.  Dniauy, 
Jubal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Ephraiin  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W   H.>ge, 
Chester  D.  Hubbard, 


Messrs.  David  Pngh, 

Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlin^ton, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Canjpbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H,  Whitfield, 
Williams  C.  Wiclcham, 
Wait.  T.  Willey— 76. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Wm.  M.  Ambler, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
William  P.  Cecil, 
Raphael  M.  Conn, 
Thomas  S.  FInurnoy, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fondall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Hall, 
Lewis  E.  Harvie. 
James  P.  Holcombe, 


Messrs.  Eppa  Hun  ton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  Lawson, 
Charles  K.  Mai  lory, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
George  W.  Richardson, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
James  M.  Strange, 
William  T.  Suiherlin, 
John  T.  Thornton, 
William  M.  Trcdway, 
Robert  H.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 42. 


The  fourteenth  resolution,  as  amended,  was  then  adopted. 
Ihe  report  of  the  Committee  on  Federal  Rplations,  proposincr 
amend.nents  to  the  Constitution  of  the  United  States,  was  then 


taken  up  for  consideration. 


116  JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 

Mr.  Wise  moved  to  amend  the  report,  by  striking  out  the  first 
section,  and  inserting  the  following: 

"1.  In  all  the  present  territory  of  the  United  Slates,  involuntary  servitude,  as 
it  now  exists,  shall  remi^in  and  shall  not  he  changed;  nor  shall  any  law  he  passed 
by  Congress  or  Ihe  territorial  legislatures  to  hinder  or  prevent  the  taking  of  per- 
sons held  to  service  or  lahor,  from  anj  of  the  States  of  this  Union  to  said  terri- 
tory, nor  to  impair  the  rights  arising  from  said  relation;  nor  shall  said  rights  he 
in  any  manner  afl'ected  hy  any  preexisting  law  of  Mexico  in  the  part  acquired 
from  her;  hut  the  same  shall  he  protected  by  necessary  remedial  laws  as  other 
rights,  and  be  suhiect  to  judical  cognizance  in  the  Federal  Courts,  according  to 
existing  laws,  and  to  the  remedies  and  practice  of  the  common  law  except  so 
far  as  they  may  be  modified  hy  the  existing  territorial  laws.  And,  when  any 
territory,  within  such  boundary  as  Congress  may  prescribe,  shall  contain  a  popu- 
lation equal  to  that  required  for  a  member  of  Congress,  it  shall,  if  its  form  of 
government  he  republican,  be  admitted  into  the  Union  on  an  equal  footing  with 
the  original  States,  with  or  without  involuntary  servitude,  as  such  Constitution 
of  the  State  may  provide.  In  all  territory  which  may  hereafter  be  acquired  by 
the  United  States,  involuntary  servitude  is  proljihited,  except  for  crime,  north  of 
thirty-six  degrees  thirty-minutes;  but  shall  not  he  prohibited  by  Congress  or  any 
territorial  legislature,  and  shall  be  protected  by  law,  south  of  that  line." 

Mr.  MoRToi*  moved  to  amend  the  proposed  amendment,  by 
striking  out  the  following  clause: 

"  In  all  territory  which  may  hereafter  he  acquired  by  the  United  States,  invo- 
luntary servitude  is  prohibited,  except  for  crime,  north  of  thirty-six  degrees 
thirty  minutes;  but  shall  not  be  prohibited  by  Congress  or  any  territorial  legisla- 
ture, and  shall  be  protected  by  law  south  of  that  line." 

The  (juestion  was  put  and  decided  in  the  negative. 

The  amendment  submitted  by  ^Ir.  Wlse  was  then  rejected — 
yeas  28;  nays  81. 

On  motion  of  ^Ir.  Conuad,  of  Frederick,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  William  M.  Ambler,       Messrs.  F.  L.  Hale, 

Angus  11.  Blakey,  L.  S.  Hall, 

Jaiucs  Boissean,  Lewis  E.  Harvie, 

Peter  B.  Borst,  Eppa  Hunton, 

Frederick  M.  Cabell,  Lewis  I).  Isbell, 

Wilham  P.  Cecil,  Robert  C.  Kent, 

Sanniel  A.  Colfman,  Ediimnd  T.  Morris, 

Raphael  M.  Conn,  George  W.  Richardson, 

William  W.  Forbes,  James  M.  ^Strange, 

Samuel  M.  Garland,  Robert  II.  Turner, 

Samuel  L.  Graham,  John  Tyler, 

Fen  Jail  Gregory,  Jr.  Samuel  C.  Williams, 

John  Goode,  Jr.  Henry  A.  Wise, 

Thomas  F.  Goode,  Benj.'  F.  Wysor— 28. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


117 


The  names  of  tiiose  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (Pres''t)  Messrs.  George  W.  Hull, 
Edward  M.  Armstrong, 
William  B.  Aston, 


John  J.  Jackson, 
Peter  C.  Johnston, 
John  R.  Killby, 
James  Lawson, 
Jolin  F.  Lewis, 
WiUiam  McComas, 
James  B   Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L   Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Jeremiah  Morton, 
Samuel  IMcF).  Moore, 
LiOgan  Osburn, 
Wilham  C.  Paries, 
S|)icer  Patrick, 
Kdmiind  Pendleton, 
George  McC  Porter, 
Samuel  Price, 
David  Pngh, 
Tiinoihy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
A^alentine  W.  Southall, 
Burw'cll  Spurhck, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  'I'redway, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitnian  T.  W'illey, 
Benjamin  Wilson — SI. 

Mr.  Ambler  moved  to  amend  the  report,  by  striking  out  the 
first  section,  and  inserting  the  following: 

"  1.  Congress  shall  have  power  to  legislate  and  provide  forms  of  government 


John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W\  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bon  Id  in, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  l^rown, 
John  S.  Burdctt, 
James  Burley, 
Benjamin  \V.  Byrne, 
John  A.  Campbell, 
John  A.  Carter, 
Mauilius  Chapman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H    B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A,  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Gnggin, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  VV.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


118 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


for  the  inhabitants  of  all  territories  belonging  to  the  United  States,  and  may  per- 
mit them,  at  such^times  and  in  such  n^^nner  as  it  may  by  law  provide,  to  form 
States  and  be  admitted  into  the  Union — citizens  and  iniiabitants  of  the  several 
States  and  territories  sliall  have  the  right  to  taiie  into  any  of  tiie  territories  per- 
sons held  to  service  or  labor  under  the  laws  of  the  Slates  or  Territories  whence 
they  are  removed,  and  all  rights  of  property  in  such  persons,  or  in  their  service 
or  labor  as  the  same  existed  under  the  laws  of  the  State  or  Territory,  prior  to 
such  removal,  shall  be  recognized  and  protected  by  Congress  and  the  Territorial 
Government. 

"2.  When  any  territory  within  such  boundary  as  Congress  may  prescribe, 
shall  contain  a  population  equal  to  that  required  for  a  member  of  Congress,  it 
shall,  if  its  form  of  government  be  republican,  be  admitted  into  the  Union  on 
an  equal  fooling  with  the  original  States,  with  or  without  involuntary  servitude, 
as  such  Constitution  of  the  State  may  provide." 

Mr.  Morton  moved  that  the  Committee  rise,  and  the  question 
being  put,  was  decided  in  the  negative — yeas  47;  nays  G5. 

On  motion  of  Mr.  Armstrong,  the  vote  was  recorded  as  fol- 
lows: 

The  names  of  those  wdio  voted  in  the  affirmative  are — 


Messrs.  WiHiam  ]M.  Amhler, 
Aligns  K.  IJlakcy, 
George  Blow,  Jr. 
James  IJoisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
Wilhani  \V.  Bovd, 
Frederick  M.  Cabell, 
WilHain  P.  Cecil, 
Samuel  A.  Colfman, 
Raphael  M.  Conn, 
James  B.  Dorman, 
Napoleon  B.  French, 
Samuel  .M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Lewis  E.  Harvie, 
John  N.  Hughes, 
Eppa  Hunton, 


JMessrs.  Lewis  D.  Ishell, 
Robert  C.  Kent, 
James  Lawson, 
Walter  I).  Leake, 
John  Q.  Marr, 
John  L.  Marye,  Sr, 
Edmimd  T.  Morris, 
Jeremiah  ]\Iorton, 
Johnson  Orrick, 
George  W.  Ricliardson, 
James  W.  Sheft'ey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
James  M.  Strange, 
George  P.  Tayloe, 
John  T.  Thornton, 
Robert  H.  Turner, 
John  Tyler, 
Samuel  C.  Williams, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 47. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (Preset)  Messrs.  John  J.  Jackson, 
Edward  M.  Armstrong,  Peter  C.  Johnston, 


JOURXAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


119 


Messrs.  William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
Cftleh  Boggess, 
Thomas  Branch, 
George  VV,  Brent, 
William  G.  Brown, 
John  S.  Biirdett, 
James  Biirley, 
Benjamin  W.  Byrne, 
John  A.  Camphell, 
John  A.  Carter, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Conch, 
W.  H.  B.  Cnstis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flonrnoy, 
Colbert  C.  Fngate, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 
Alphens  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hnbbard, 
George  W.  Hnll, 


Messrs.  .Tohn  R.  Kilby, 
John  F.  Lewis, 
William  McComas, 
James  B.  Mai  lory, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McO.  Moore, 
Hngh  M.  Nelson, 
Logan  Osbnrn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmnnd  Pendleton, 
George  McC  Porter, 
Samnel  Price, 
David  Pngh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Bnrwell  Spnrlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Edvard  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C,  Wickhara^, 
Wait.  T.  Willey— 65. 


The  question  recurring  upon  the  amendment  submitted  by  Mr. 
Ambler, 

Mr.  Moore  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  decided  in  the  negative — yeas  26; 
nays  80. 

On  motion  of  Mr.  Ambler,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Ambler, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Frederick  M.  Cabell, 
Raphael  M.  Conn, 


Messrs.  Lewis  E.  Harvie, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Ecimund  T.  Morris, 
Jeremiah  Morton, 
George  W.  Richardson, 


120 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Grei,'ory,  Jr. 
William  L.  Goggiii, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 


Messrs.  John  M.  Speed, 

James  M.  Strange, 
John  T.  Thornton, 
Robert  H.  Turner, 
John  Tyler, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 26. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Janney,  (Preset)  Messrs. 
Edw'd  iM.  Armstrong, 
WilHam  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berhn, 
George  Blow,  Jr. 
Caleb  Boggess, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  A.  Carter, 
Maiiilius  Chapman, 
Sanniel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Cnstis, 
Marshall  M.  Dent, 
Harvey  DcsUins, 
James  B.  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
EphraimB.  Hall, 


Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  .1.  Jackson, 
Peter  C.  Johnston, 
James  Lawson, 
Jt)hn  F.  licwis, 
William  McComas, 
James  B.  Mallory, 
James  Marshall, 
John  U.  Marr, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmnnd  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pngh, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  W.  Shetfey, 
Thomas  Sitlington, 
Charles  R.  Slanghter, 
Valentine  W.  Southall, 
Biirwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  121 

Messrs.  Allen  C.  Hammond,      Messrs.  Williams  C  Wirkham 
Alpheus  F    Haymond,  Waitman  T.  WiWev      ' 

James  W.  Hoge,  Benjamin  Wilson-SO. 

Mr.  DoRMAN  moved  that  the  Committee  rise,  and  the  question 
being  put,  was  decided  in  the  negative-yeas  38;  nays  ^5 
lows-  "'"^'"''  ""^  ^^''  '^''''^'^^°'^«'  t'^«  vote  was  recorded  as  fol- 

The  names  of  those  who  voted  in  the  affirmative  are- 


Messrs.  William  M.  Ambler, 
Angus  R.  Blakey, 
Peter  B.  Borst, 
Wood  Bonldin, 
William  W.  Boyd, 
Frcd.'rick  M.  Cabell, 
Manilius  Chapman, 
Samuel  A.  CotFman, 
Baphael  M.  Conn, 
Marshall  M.  Hent, 
James  B.  Dorman, 
Thomas  S.  F'lonrnoy, 
Napoleon  B.  French, 
Sanmel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
William  L.  Goggin, 
John  Goode,  Jr. 
Allen  C.  Hammond, 


Messrs.  Lewis  E.  Harvie, 
Eppa  Hun  ton, 
Lewis  D.  Lsbell, 
Robert  C.  Kent, 
James  Lawson, 
Walter  I).  Leake, 
John  Q.  Marr, 
John  L  Marye,  Sr. 
Edmund  T.  Morris, 
Jeremiah  Morton, 
George  W.  Richardson, 
Timothy  Rives, 
Charles  R.  Slaughter, 
V^alentine  W.  Southall, 
John  M.  Speed, 
George  P.  Tayloe, 
John  T.  Thornton, 
John  Tyler, 
Henry  A.  Wise— 38. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  John  Janney,  (Pres't)  Messrs 

Edward  M.  Armstrong, 

Wihiam  B.  Aston, 

.Tohn  B.  Baldwin, 

George  Baylor, 

George  \N .  Berlin, 

Caleb  Boggess, 

Thomas  Branch, 
George  W.  Brent, 

William  G.  Brown, 
James  Bnrley, 
Benjamin  W'.  Byrne, 
John  A.  Campbell, 
John  A.  Carter, 
16 


John  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  B.  Mai  lory, 
James  Marshall, 

Henry  H.  Masters, 

Horatio  G.  Moffett, 

Logan  Osburn, 

William  C.  Parks, 

Spicer  Patrick, 

George  jAIcC.  Porter, 

Samuel  Price, 

David  Pugh, 


122 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  C.  B.  Conrad, 

Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Ciistis, 
Harvey  Deskiiis, 
Jiibal  A.  Early, 
Colbert  C,  Fugate, 
Peyton  Gravely, 
Thomas  F.  Goode, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoc»e, 
Chester  D.  Hubbard, 
George  W.  Hull, 


Messrs,  John  D.  Sharp, 

Thomas  Sidington, 
Samuel  G.  Staples, 
James  M.  Strange, 
George  W.  Summers^ 
Campbell  Tarr, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickfiara, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Benj.  F.  Wysor— 55. 


Mr.  BoYD  rnoA'ed  to  amend,  by  striking  out  the  first  section 
and  inserting  the  following: 

"  I.  In  all  the  present  territory  of  the  United  States,  north  of  the  parallel  of 
thirty-six  degrees  and  thirty  minutes  of  north  latitude,  involuntary  servitude, 
except  in  punishment  of  crime,  is  prohibited.  In  all  the  present  territory  of  the 
United  States  south  of  said  line  of  latitude,  involuntary  servitude  or  slavery  of 
the  African  race  is  hereby  recognized  as  existing,  any  law  or  usage  to  the  con- 
trary notwithstanding;  and  no  law  shall  be  passed  by  Congress  or  by  the  territo- 
rial legislature,  tn  hinder  or  prevent  the  taking  of  persons  held  in  slavery  or  in- 
voluntary servitude,  from  any  of  the  States  of  this  Union  to  said  territory,  nor 
to  impair  the  rights  arising  from  said  relation;  but  the  same  shall  be  subject  to 
judicial  cognizance  in  the  Federal  courts,  according  to  the  remedies  and  practice 
of  the  common  law;  and  said  relation  shall  be  protected  by  all  the  departments 
of  the  territorial  government.  When  any  territory  north  or  south  of  said  line, 
within  such  boundary  as  (  ongress  may  prescribe,  shall  contain  a  populatioa 
equal  to  iliat  required  for  a  member  of  Congress,  it  shall,  if  its  form  of  govern- 
ment be  republican,  be  admitted  into  the  Union  on  an  equal  footing  with  the 
original  States,  witii  or  without  involuntary  servitude,  as  such  Constitution  of 
the  State  may  provide  In  all  territory  which  may  hereafter  be  acquired  by  the 
United  Stales,  involuntary  servitude  is  prohibited,  except  for  crime,  north  of  the 
latitude  of  thirty-six  degrees  thirty  minutes;  but  shall  not  be  prohibited  by  Con- 
gress or  any  territorial  legislature  south  of  said  line.  " 

Mr.  Morton  moved  that  the  Committee  rise,  and  the  question 
being  put,  was  decided  in  the  affirmative — yeas  59;  nays  37. 
On  motion  of  Mr.  Bokst,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 
Messrs.  John  Janney,  (Preset)  Messrs.  Fendall  Gregory,  Jr. 


"William  M.  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 


William  L.  Goggni, 
John  Goode,  Jr. 
F.  L.  Hale, 
Allen  C.  Hammond^ 
Lewis  E.  Harvie, 
Chester  D.  Hubbard^ 
Eppa  Hunton, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


123 


Messrs.  Wood  Bonldin, 

William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
John  S.  Burdett, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Manihns  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Marshall  M.  Dent, 
Harvey  Deskins, 
John  Echols, 
Thomas  S.  Floiirnoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Algernon  S.  Gray, 


Messrs.  Lewis  D.  Isbell, 

Peter  C.  Johnston, 
Robert  C.  Kent, 
Walter  D.  Leake, 
James  Marshall, 
.Tohn  L.  Marye,  Sr. 
Edmund  T.  iMorris, 
Jeremiah  Morton, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  W.  Richardson, 
Timothy  Rives, 
John  D.  Sharp, 
James  W.  Sheffey, 
John  M.  Speed, 
George  P.  Tayloe, 
John  T.  Thornton, 
Williams  C.  Wickham, 
Wait  man  T.  Willey, 
Henry  A.  Wise, 
.Benj.  F.  Wysor— 59. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  George  W.  Berlin, 
Caleb  Boggess, 
Peter  B.  Borst, 
William  G.  Brown, 
John  A.  Carter, 
Robert  Y.  Conrad, 
James  H    Couch, 
W.  H.  B.  Custis, 
James  B.  Dorman, 
Jubal  A.  Early, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Thomas  F.  Goode, 
Alpheus  F.  Hayniond, 
James  W.  Hoge, 
John  N.  Hughes, 
George  VV.  Hull, 
John  J.  Jackson, 
John  F.  Lewis, 


Messrs.  William  McComas, 
James  B.  Mallory, 
Henry  H.  Masters, 
Hugh  M.  Nelson, 
Loijan  Osburn, 
William  C.  Parks, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Thomas  Sillington, 
Samuel  G.  Sta|)les, 
^     Chapman  J.  Stuart, 
James  M.  Strange, 
George  W.  Sununers, 
Campbell  Tarr, 
Edward  Waller, 
William  White, 
Benjamin  Wilson — 37. 


The  Committee  accordingly  rose- 


124 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 

Saturday,  April  13,  1861 


The  consideration  of  tlie  report  of  the  Committee  on  Federal 
Relations,  proposing  amendments  to  the  Constitution  of  the 
United  States,  was  resumed. 

The  ponding  question  was,  upon  the  motion  of  Mr.  Boyd,  to 
amend  tlie  report  by  striking  out  the  first  section,  and  inserting 
the  substitute  submitted  by  him;  and  being  put,  was  decided  in 
the  negative — yeas  47;  nays  69. 

On  motion  of  Mr.  Boyd,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  arc — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
.Tames  Boisseau, 
Wood  Bouldin, 
William  W.  Boyd, 
James  C.  Bruce, 
Frederick  M.  Qabell, 
William  P.  Cecil, 
John  R.  Chambliss, 
JNIanilius  Chapman, 
Sanuu4  A.  Coffman, 
Raphael  M.  Conn, 
John  Echols, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Sanuiel  L.  Graham, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Halo, 
Cyrus  Hall, 
L.  8.  Hall, 
Lewis  E.  Harvie, 


Messrs.  James  P.  Holcombe, 
Epjja  Hun  ton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  Lawson, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
George  VV.  Richardson, 
William  C.  Scott, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Saujuel  C,  Williams, 
Benj.  F.  Wysor— 47. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (Pres't)  Messrs.  John  N.  Hughes, 

Edward  M.  Armstrong,  George  W.  Hull, 

William  B.  Aston,  John  J.  Jackson, 

John  B.  Baldwin,  Peter  C.  .Johnston, 

Alfred  ]M.  Barbour,  John  F.  Lewis, 

George  Baylor,  William  McComas, 

George  W.  Berlin,  James  B.  Mallory, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


125 


Messrs.  George  Blow,  Jr. 
Caleb  Boggess, 
George  W.  Brent, 
William  G.  Brown, 
James  Burley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H,  Couch, 
John  ditcher, 
W.  II.  B.  Custis, 
IMarshall  M.  Dent, 
Harrey  Deskins, 
James  B.  Dorman, 
Jnbal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
n.  L.  Gillespie, 
Peyton  Gr;jvely, 
Ephraim  B.  Hall, 
Allen  C.  Hanmioiid, 
Alphens  F.  Raymond, 
J.  G.  Holladay, 
Chester  I).  Hubbard, 


Messrs.  James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
John  D.  Sharp, 
Thomas  Sithngton, 
Valentine  W.  Southall^ 
Bur  well  Spurlock, 
Chapman  .1.  Stuart, 
Canipbcll  Tarr, 
Eihvard  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickhom, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Heiiry  A.  Wise— 69. 


Mr.  BouLDiN  moved  to  amend  the  first  section  by  strikinc^  out 
the  words,  "as  it  now  exists,"  in  the  fifth  line,  and  inserting- 

"Of  the  African  race  is  allowed  and  hereby  declared  to  exist,  and  shall  not 
be  abojislied  by  any  law  of  Congress  or  a  territorial  legislature,  but  tlie  same  a3 
now  protected  by  Uie  laws  ot  the  Territory  of  New  Mexico." 

The  question  was  put  and  decided  in  the  negative— veas  46- 
nays  67.  o  /  , 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakoy, 
James  Boisseau, 
Wood  Bouldin, 
William  W.  Boyd, 
James  C.  Bruce, 


Messrs.  Lewis  D.  Isbell, 
Robert  C.  Kent, 
James  l^awson, 
Jatnes  B.  Mallory, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Edmund  T.  Morris, 


126 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Frederick  M.  Cabell, 
John  R.  Chambliss, 
Manilius  Chapman, 
Raphael  M.  Conn, 
John  Echols, 
William  W.  Forbes, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Hall, 
Lewis  Vi.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 


Messrs.  .Teremiah  Morton, 
William  C.  Parks, 
George  W.  Richardson, 
William  C.  Scott, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M    Strange, 
John  T.  Thornton, 
Robert  H.  Turner, 
John  Tyler, 
Sanuiel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 46. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  John  Janney,  fP/TsVJ  Messrs 
Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
<Gcorge  W.  Brent, 
William  G.  Brown, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  ('ampbell, 
John  S.  Curl  lie, 
John  A.  Carter, 
Sherrard  Clemens, 
Samuel  A.  Cotiman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dornian, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 


J.  G.  Holladay, 
Chester  D.  Hubbard, 
John  N.  HuL'hes, 
George  W.  Hull, 
John  J. Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Logan  Osbnrii, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Can)pbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  127 

Messrs.  H.  L.  Gillespie,  Messrs.  William  White, 

Peyton  Gravelv,  Robert  H.  Whitfield, 

Ephraim  B.  Hall,  Williams  C.  Wickham, 

Allen  C.  Hammond,  Waitman  T.  Willey, 

Alpheus  F.  Haymond,  Benjamin  Wilson— 67. 

James  W.  Hoge, 

On  motion  of  Mr.  Morris,  the  first  section  was  amended  by- 
striking  out  the  words,  <' now  exists,"  and  inserting,  "existed 
on  the  first  day  of  March,  eighteen  hundred  and  sixty-one." 

The  first  section,  as  amended,  was  then  adopted. 

Mr.  Tyler  moved  to  aniend  the  report  Airther  by  striking  out 
the  second  section,  and  inserting  the  following; 

"  2.  The  Senators  of  the  United  States  shall  be  divided  into  two  classes,  whereof 
the  Senators  chosen  by  the  States  whose  institutions  forbid  slaverj  shall  compose 
one,  and  the  Senators  cliosen  by  the  States  whose  institutions  admit  slavery  shall 
compose  the  other,  and  on  the  passage  of  any  bill  or  resolution  having  the  force 
of  law,  and  on  all  appointments  to  office  wherein  the  advice  and  consent  of  the 
Senate  is  required,  upon  the  demand  of  a  majority  of  the  Senators  composing 
cither  class,  the  vote  shall  be  taken  by  classes,  and  the  concurrence  of  both 
classes  shall  be  necessary  to  pass  such  bill  or  lesolution  into  a  law,  or  to  confirm 
such  appointment:  Provided,  that  when  the  vote  of  both  classes  shall  be  equally 
divided,  the  Vice-President  may  give  the  casting  vote;  nor  shall  any  treaty  be 
made  tuiless  the  votes  of  a  majority  of  the  Senators  from  each  class  of  States 
hereinbefore  mentioned  be  cast  as  a  part  of  the  two-thirds  majority  necessary  to 
the  ratification  of  such  treaty,  nor  shall  any  bill,  order,  resolution  or  vote  which 
has  been  passed  by  Congress  and  disapproved  by  the  President  of  the  United 
States,  take  effect,  unless  the  votes  of  a  majority  of  the  Senators  from  each  class 
of  States  hereinbefore  mentioned  be  cast  as  a  part  of  the  two-thirds  majority  ne- 
cessary to  the  re-passage  of  such  bill,  order,  resolution  or  vote." 

Mr.  Summers  demanded  a  division  of  the  (question,  and  it 
was  put  upon  striking  out,  and  decided  in  the  negative — yeas 
44;  nays  Tl. 

On  motion  of  Mr.  Blakey,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  William  M.  Ambler,       Messrs.  Lewis  D.  Isboll, 

James  Barbour,  Robert  C.  Kent, 

Angus  R.  Blakey,  James  Lawson, 

James  Boisseau,  James  B.  Mallory, 

Peter  B.  Borst,  John  L.  Marye,  Sr. 

Wood  Bouldin,  Fleming  B.  Miller, 

Frederick  M.  Cabell,  Edmund  T.  Morris, 

William  P.  Cecil,  Jeremiah  Morton, 

Manilius  Chapman,  William  C.  Parks, 

Samuel  A.  CofFman,  George  W.  Richardson, 

Raphael  M.  Conn,  William  C.  Scott, 

.John  Echols,  James  W.  Sheffey, 

Samuel  M.  Garland,  Charles  R.  Slaughter, 


128 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Samuel  L.  Graham, 
William  L.  Goggin, 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
.Tames  P.  Ilolcombe, 
Eppa  Hunton, 


Messrs.  John  M.  Speed, 

James  M.  Strange, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Sanniel  C.  Williams, 
•    Henry  A.  W^ise, 
Beiij,  F.  Wysor — 44. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  .lohn  Janney,  (PrcsH)  Messrs. 
JMlwMrd  M.  Armstrong, 
William  H.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggcss, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
William  G.  Brown, 
James  G.  Bruce, 
James  Bnrley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Cnstis, 
IMarshall  .M.  Dent, 
Harvey  Deskins, 
James  B.  Dornian, 
Jnbal  A.  Early, 
INapoleon  B.  French, 
Colbert  C.  Fngate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Ephraini  B.  Ilall, 
Allen  C.  Hannnond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
William  H.  Macfarland, 
James  Marshall, 
Thomas  Maslin, 
He  my  H.  Masters, 
Horatio  G.  MofTett, 
Sanniel  McD.  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  ,McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
John  D.  Sharp, 
Thomas  Sitlington, 
Valentine  W.  Southall, 
Burwell  Spurlock, 
Sanmel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Tayloe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Wait.  T.  Willey— 7L 


JOUENAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


129 


Mr.  Kent  moved  to  amend  the  second  section  by  adding 
thereto  the  following: 

"  \or  shall  foreign  territory  be  admitted  into  the  Union  as  a  State,  unless  the 
votes  of  a  majority  of  the  Senators  from  each  class  of  States  hereinbefore  men- 
tioned, be  cast  in  favor  of  such  admission." 

The  question  wis  put  and  derided  in  the  negative. 
Mr.  Wise  moved  to  amend  the  second  section  by  striking  out 
the  whole,  and  inserting  tfie  following: 

"  No  territory  shall  be  acquired  by  treaty,  without  the  concurrence  of  a  ma- 
jority of  ail  the  Senators  from  the  Slates  which  allow  involuntary  servitude,  and 
a  majority  of  all  the  Senators  from  Stales  which  prohibit  that  relation,  and  such 
concurrent  majorities  may  advise  and  consent  to  such  treaty." 

jMr.  Campbell  demanded  a  division  of  the  question,  and  it 
was  i)Ut  upon  striking  out,  and  decided  in  the  negative — yeas 
31 ;  nays  78. 

On  motion  of  Mr.  Campbell,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  B<nst, 
Manilius  Chapman, 
Raphael  M.  Conn, 
John  Echols, 
William  W.  Forbes, 
Samuel  L.  Graham, 
William  L.  Goggin, 
John  Coode,  Jr. 
Thomas  F,  Goods, 
F.  L.  Hale, 
L.  S.  Hall, 
James  P.  Holcombe, 


Messrs.  Fippa  Hiinton, 
Lewis  D.  Is  hell, 
Robert  C.  Kent, 
James  Lawson, 
Fleming  B.  Miller, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
George  W.  Richardson, 
James  W.  Sheffey, 
John  M.  Speed, 
Jauies  M.  Strange, 
John  T.  Thornton, 
Samuel  C.  Williams, 
Henry  A,  Wise, 
Benj.  F.  Wysor— 31. 


The  names  of  those  who  voted  in  the  negative  are — 
Messrs.  .Tohn  Janney,  (Prcs't)  Messrs.  Alpheus  F.  Haymond, 


17 


Edward  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Bajdor, 
George  W.  Berlin, 
George  Blow,  Jr. 


James  W.  Hoge, 
Chester  I).  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 


130 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Caleb  Boggcss, 
Wood  Bo  11  Id  in, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
WiUiani  G.  Brown, 
James  C.  Bruce, 
James  Bnrley, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
G.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Conch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
Nap<ileon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Alijornon  S.  Gray, 
Ephraim  B.  Hall, 
Allen  C.  Hammond, 


Messrs.  William  McComas, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Horatio  G    ]Moffett, 
Hugh  M.  Nelson, 
IjOgan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samntl  Price, 
David  Pngh, 
Timothy  Rives, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
Burwell  Spnrlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
George  P.  Ta}  loe, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson — 78. 


Mr.  Blow  moved  to  amend  the  second  section  by  inserting 
after  the  word  "routes,"  in  the  third  line,  the  words,  "norshall 
any  foreign  State  or  country  be  annexed."  The  question  was 
put  and  decided  in  the  negative — yeas  44;  nays  67. 

On  motion  of  Mr.  Blow,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  aflirmative  are — 


Messrs.  William  B.  Aston, 
George  Blow,  Jr. 
Peter  B.  Borst, 
W^ood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
James  C.  Bruce, 


Messrs.  James  Lawson, 

James  B.  Mallory, 
John  Q,.  Marr, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 


JOURXAL  OF  THE  COMMITTEE  OF  THE  "WHOLE. 


131 


Messrs.  Frederick  M.  Cabell, 
John  A.  Carter, 
Snmuel  A.  (Joffinaii, 
Raphael  M.  Conn, 
W.  II.  B.  Ciistis, 
James  B.  Dnrman, 
John  Echols, 
Najioleon  B.  French, 
Col  hen  C.  Fugate, 
SamiU'l  M.  Garland, 
Samuel  L.  Graham, 
F.  L.  Ilalc, 
L.  S.  Hall, 
Eppa  Hiinton, 
Robert  C.  Kent, 


Messrs.  Samuel  McD.  Moore, 
William  C.  Parks, 
George  W.  Richardson, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  JM.  Strange, 
George  P.  Tayloe, 
John  T.  Thornton, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Sam'l  C.  Williams— 44. 


The  names  of  those  who  voted  in  the  ncijative  are — 


Messrs.  John  Jannev,  (Preset) 
Wm.  M.  Amhler, 
Edw'd  M.Armstrong, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
Caleb  Boggess, 
George  W.  Brent, 
William  G.  Brown, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
William  P.  Cecil, 
Manilius  Chapman, 
Sherrard  Clemens, 
C.  B.  Conrad, 
Robert  Y,  Conrad, 
James  H.  Couch, 
John  Critcher, 
Marshall  M.  Dent, 
Harvey  Desk  ins, 
Jubal  A.  Early, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 


Messrs.  James  W.  Hoge, 

Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
Lewis  D.  Isbell, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  iNIc Comas, 
James  C.  McGrew, 
James  Marshall, 
Thomas  Maslin, 
Henrv  H.  Masters, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pu2:h, 
Timothy  Rives, 
John  D.  Sharp, 
James  W.  SheiTey, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 


132 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  John  Goode,  Jr.  Messrs.  John  Tyler, 

Ephrnim  B.  Hall,  Waitman  T.  Willey, 

Allen  C.  Hammond,  Benjamin  Wilson, 

Lewis  E.  Harvic,  Henry  A.  Wise — 67. 

Aiphens  F.  Haymond, 

The  question  rerurn^d  npon  the  adoption  of  the  second  sec- 
lion,  and  being  put,  was  decided  in  the  aflirmative. 

The  third  section  was  then  read  and  adopted. 

Mr.  Wise  moved  to  amend  the  report  further,  by  inserting 
after  the  third  section,  the  following,  as  an  independent  section: 

"4.  In  all  r:iscs  where  the  property  in  persons  held  to  service  or  labor  in  any 
Stale  or  Territory  of  Uie  United  States,  or  in  the  District  of  Columbia,  has  been 
or  hereafter  maybe  taken  for  public  use,  as  in  cases  of  impressment  in  war  or 
otherwise,  the  owner  thereof  shall  be  justly  compensated  as  in  cases  of  other 
property  so  taken;  and  in  all  cases  involving  questions  of  property  in  said  per- 
sons, the  rigtits  of  properly  in  them  shall  be  recognized  and  protected  by  the 
Uniied  Stales  and  their  authorities  as  the  rights  of  other  property  are  recognized 
and  protected." 

The  question  was  put,  and  decided  in  the  affirmative — yeas 
CO;  nays  10. 

On  motion  of  Mr.  Wise,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
William  B.  Aston, 
Alfred  M.  Barbour, 
Angus  R.  BInlcey, 
Pefer  B.  Borst, 
W^ood  B'luldin, 
William  W.  Boyd, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
William  P.  Cecil, 
Manilius  Chapman, 
Sherrard  Clemens, 
Samuel  A.  Ccflinan, 
Raphael  M.  Conn, 
John  Critoher, 
W^  H.  B    Custis, 
James  B.  Dorman, 
John  Ech  >ls, 
Napojecni  B.  French, 
Ctilbert  C.  Fiigate, 
Samuel  M.  Garland, 


Messrs.  Ep]>a  Hunton, 
licwis  D.  Isbell, 
Roliert  C.  Kent, 
James  Lawson, 
Waller  I).  Leake, 
James  B.  Mallory, 
John  Q.  Marr, 
John  L.  Marve,  Sr. 
Hnratio  G.  Motfett, 
Edmund  T.  Morris, 
Jeremiah  Morlnn, 
Hiigli  M.  Nelson, 
A\  iliiam  C.  Parks, 
George  W.  Richardson, 
James  W:  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Valentine  W.  Soiithall, 
John  AL  Speed, 
Samuel  G.  Staj)les, 
James  M.  Strange, 
JohiiT.  Th-rnron, 
William  M.  Tredway, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE.  133 

Messrs.  Samuel  L.  Graham,        IMessrs.  Robert  H.  Turner, 

Peyton  Gravely,  John  Tylpr, 

William  L.  Goggin,  Edward  Waller, 

John  Goode,  Jr.  Robert  H.  Whitfield, 

F.  L.  Hale,  Williams  C.  Wickham, 

Lewis  E.  Harvie,  Benjamin  Wilson, 

James  P.  Holcombe,  Henry  A.  Wise — 60. 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (PresH)  Messrs.  John  N.  Hughes, 

Edward  M.  Armstrong,  George  W.  Hull, 

John  B.  Baldwin,  John  J.  Jackson, 

George  Baylor,  Peter  C.  Johnston, 

George  W.  Berlin,  John  F.  Lewis, 

George  Blow,  Jr.  William  McComas, 

Caleb  Boggess,  James  Marshall, 

Ge-M'ge  W.  Brent,  Thomas  Moslin, 

William  G.  Brown,  Henry  \\.  Masters, 

James  Burh-y,  Samuel  McD.  Moore, 

Benjamin  W.  Byrne,  Logan  Osburn, 

John  S.  Carlilc,  Spicer  Patrick, 

John  A.  Carter,  Edmund  Pendleton, 

C.  B.  Goiirad,  George  McC.  Porter, 

Robert  Y.  Conrad,  Saniuel  Price, 

James  H.  Couch,  David  I'ugh, 

Marshall  M   Dent,  John  D.  Sharp, 

Harvey  Deskins,  Burwell  Spurlock, 

Jubal  A.  Early,  Chapman  J.  Stuart, 

H.  L.  Gillespie,  George  W.  Summers, 

Ephraim  B.  Hall,  Campbell  Tarr, 

Allen  C.  Hammond,  William  While, 

Chester  D.  Hubbard,  Wait.  T.  Willey— 46. 

The  fourth  (as  printed)  section  was  then  adopted: 
Mr.  Wilson  moved   to  amend  the  fifth  (as  printed)  section, 
by  adding  thereto,  the  following: 

"  But  this  section  shall  not  be  so  construed  as  to  prohibit  the  introduction  of 
persons  so  held  to  service  or  labor  into  the  United  States,  from  the  Confederate 
Slates,  or  anj'  territory  they  may  hereafter  acquire." 

The  question  was  put,  and  decided  in  the  affirmative — yeas 
49;  nays  43. 

On  motion  of  Mr.  Sheffey,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Angus  R.  Blakey,  Messrs.  John  L.  Marye,  Sr. 

James  Boisseau,  Fleming  B.  Miller, 


134 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  Peter  B.  Borst, 
Wood  Boil  I  dill, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Maiiiliiis  Chapman, 
Samuel  A.  Coffman, 
Rapheal  M.  Conn, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
Harvey  Desk  ins, 
James  B.  Dorman, 
John  Echols, 
Siimnel  M.  Garland, 
A\  illiam  L.  Goggin, 
John  Gonde,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Allen  C.  Hammond; 
Eppa  Hnnton, 
Lewis  L).  Isbell, 
James  Lnvson, 
James  B.  Mallory, 
Joini  Q,.  Marr, 


Messrs.  Horatio  G.  MotTett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Samuel  McD.  Moore, 
William  C.  Parks, 
George  W.  Richardson, 
William  C.  Scott. 
James  VV.  Sheffey, 
Charles  R.  Slaugliter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
lienjamin  VVilson, 
Henrv  A.  Wise, 
Benj.'F.  Wysor— 49. 


The  names  of  those  who  voted  in  the  negative  are — 
Messrs,  John  Janney,  ( Pres't)  Messrs.  George  W,  Hull, 


William  B.  Aston, 
George  Gavlor, 
George  W.  Berlin, 
Celeb  Boggess, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  (Jarlile, 
John  A.  Carter, 
C.  B.  Conrad, 
James  H.  Couch, 
Marshall  M.  Dent, 
Jubal  A.  Eaily, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Sanuiel  L.  Graham, 
Peyton  Gravely, 
Ephraim  B.  Hall, 
James  NV .  H^ge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 


John  J.  Jackson, 
Piter  C.  Johnston, 
William  McComas, 
Thomas  Maslin, 
Henry  H.  Masters, 
Logan  Osburn, 
Spii-er  Patri(^k, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Chapman  J.  Stuart, 
George  VV.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.  VV^ickham, 
Wait.  T.  Willey— 43. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


135 


Mr.  Carlile  moved  to  amend  the  report  by  strikiii?  out  the 
fifth  section  as  amended. 

Mr.  Wise  moved  to  amend  the  motion  by  inserting  the  fol- 
lowing: 

"5.  Tlie  importation  of  slaves,  coolies,  or  persons  held  to  service  or  labor, 
into  the  United  States,  and  tlie  territories  from  places  beyond  the  limits  thereof, 
is  hereby  forever  prohibited;  provided  that  nothing  herein  contained  shall  be 
deemed  to  apply  to  the  Southern  States  which  have  declared,  or  may  hereafter 
declare  their  separation  from  this  Confederacy,  in  case  their  separate  indepen- 
dence shall  be  acknowledged." 

The  (juestion  was  first  put  on  striking  out,  and  decided  in  the 
affirmative. 

Mr.  E.M^LY  then  moved  to  amend  the  amendment  submitted 
by  Mr.  Wise,  hv  striking  out  the  proviso;  and  the  question  be- 
ing put,  was  derided  in  the  negative — yeas  45;  nays  61. 

On  motion  of  Mr.  Boisse.4u,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Jantiey,  (Pres't)  Messrs. 
William  B.  Aston, 
John  B.  Baldwin, 
George  Baylor, 
George  W.  Brent, 
WiHiiun  G.  Brown, 
James  Burley, 
Benjanjin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Ctirhle, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
James  H.  Couch, 
VV.  H.  B.  Custis, 
Marshall  M.  Dent, 
Jiibal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  (liillespie, 
Peyton  Gravely, 
Ephraim  B.  Hall, 
James  W.  Hoge, 


Chester  D.  Hubbard, 

John  N.  Hughes, 
George  W.  Hull, 
John  .1.  Jackson, 
Peter  C.  Johnston, 
William  McComas, 
James  Marshall, 
Thomas  Maslin, 
Henry  H.  Masters, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
John  D.  Sharp, 
Thomas  Sitlington, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Wait.  T.  Willey— 45. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  James  Barbour, 

Angus  R.  Blakey, 
George  Blow,  Jr. 


Messrs.  Walter  D.  Leake, 
James  B.  Mallory, 
John  Q,.  Marr, 


136 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Messrs.  .Tames  Boissenu, 
Peter  B.  Borst, 
Wood  Bonldin, 
William  W.  lioyd, 
Frederick  M.  C'ahell, 
Maiiiliiis  Cli.i])iiian, 
SamiK'l  A.  Cniriiaii, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
Rirliard  H.  Cox, 
John  Critchpr, 
Harvey  Df^skins, 
.lames  H.  I)«)rman, 
.T(»hn  Kchols, 
Wilham  W.  Forbos, 
Samuel  M.  (iarland, 
Sammd  L.  (iraham, 
Alpi^rnon  S.  CJray, 
William  li.  (i  ggiii, 
John  Coode,  Jr. 
F.  L.  Hale, 
Allen  C.  Hammond, 
Alphens  F.  Haymond, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  1).  Mx'll, 
Robert  C.  Kent, 
James  Lawson, 


Messrs.  John  L.  Marye,  Sr. 
Fleminir  B.  Miller, 
Horatio  G.  Moffett, 
Fdinnnd  T.  Morris, 
Hii^h  M.  Nelson, 
William  C.  Parks, 
David  Piiiili, 
(icoriro  W.  Rifhardson, 
William  C.  Sf-ott, 
James  W.  ShelTey, 
Charles  R.  Slanghtr-r, 
Valeniine  \V.  JSonihall, 
John  M.  Speed, 
BnrwellSpnrl  trk, 
.San)nel  (i.  .Staples, 
James  M.  Strange, 
Ci<'orj;e  P.  Tayloe, 
Wdliam  M.  Tredway, 
Robert  H.  Tnrner, 
John  Tvler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wirkham, 
San)uel  C.  Williams, 
Benjamin  Wdson, 
Heiirv  A.  Wise, 
Benj.'F.  Wjsor— 61. 


The  amendment  snbmitfcd  by  Mr.  Wise  was  then  adopted. 
On  motion  of  Mr.  Fokbes,  the  Committee  rose. 


JOURNAL  OF  THE  CONTENTION.  187 

itself  into  a  Committee  of  the  Whole,  Mr.  Southall  in  the  chair. 
After  some  time  passed  in  Committee  of  the  Whole,  the  Presi- 
dent resumed  the  chair,  and  Mr.  Southall  reported  that  the 
Committee  had  made  some  progress  with  the  matter  referred  to 
them  hilt  had  come  to  no  final  conclusion  thereupon. 

Mr.  PiiESTON  submitted  the  following  preamble  and  resolution: 

Whereas,  in  the  opinion  of  this  Convention,  the  uncertainty  which  prevails  in 
the  public  mind  as  to  the  policy  which  the  General  Government  intends  to  pursue 
toward  the  seceded  States  is  extremely  injurious  to  the  industrial  and  commercial 
interests  of  the  country;  tend*  to  keep  up  an  excitement  which  is  unfavorable  to 
the  adjustment  of  pending  difficulties,  and  threatens  a  disturbance  of  the  public 
peace;  therefore, 

Reaolred,  That  a  committee  of  three  delegates  be  appointed  by  this  Convention 
to  wait  upon  the  I'rc'iidrnt  of  tlie  1  nited  Slates,  present  to  him  this  preamble  and 
resolution,  and  respectfully  ask  of  him  to  communicate  to  this  Convention  the 
policy  which  the  authorities  of  the  Federal  Government  intend  to  pursue  in  re- 
gard to  the  Confederate  States. 

Mr.  Carlile  raised  a  question  of  order,  viz:  <Mhat  no  busi- 
ness is  in  order  until  the  rcsohitions  submitted  by  Mr.  Willey 
on  the  IGth  ultimo,  with  the  amendments  proposed  tliereto,  are 
disposed  of,"  which  point  of  order  the  President  overruled. 

Mr.  Early  raised  a  question  of  order,  viz:  "that  it  is  not 
competent  to  consider  the  preanible  and  resolution  submitted  by 
Mr.  Preston,  without  first  discharging  the  Committee  on  Fe- 
deral Relations,"  which  the  President  also  overruled. 

Mr.  Carlile  moved  that  the  Convention  adjourn,  which  was 
negatived. 

Mr.  Carlile  moved  to  amend  the  preamble  by  inserting  after 
the  word  '^States,"  the  following:  ^'And  as  to  the  policy  which 
the  seceded  States  intend  to  pursue  towards  the  General  Govern- 
ment," and  the  question  being  put,  was  decided  in  the  negative. 

Mr.  Carlile  moved  to  amend  the  resolution  by  adding  thereto 
the  following:  ''And  that  a  like  Committee  be  appointed  to  wait 
upon  the  seceded  States,  and  report  to  this  Convention  what 
policy  they  intend  to  pursue  towards  the  General  Government;" 
and  the  question  being  put,  was  decided  in  the  negative. 

Mr  MARRicalled  the  previous  question,  which  was  seconded, 
and  pending  the  further  consideration  thereof. 

On  motion  of  Mr.  Dorman,  the  Convention  adjourned. 


Monday,  April  8,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M.,  in  the  Ilall 
of  the  House  of  Delegates. 

The  President  presented  a  communication  from  the  Execu- 
tive of  the  Common  wealth  transmitting  two  communications 
18 


138  JOURNAL  OF  THE  CONVENTION. 

from  Hon.  David  Walker,  President  of  the  State  Convention  of 
Arkansas,  enclosing  an  ordinance  and  resolutions  adopted  by 
the  Convention  on  the  20th  March,  1861. 

On  motion  of  Mr.  .Tackson,  the  communication  and  accom- 
panying documents,  were  laid  upon  the  table,  and  ordered  to  be 
printed.     [Doc.  No.  XVI.] 

On  motion  of  Mr.  Macfarland,  the  Journal  of  Saturday  was 
corrected  so  as  to  record  the  presentation  of  the  resolution  adopted 
by  a  meeting  of  the  citizens  of  Richmond,  ''  calling  npon  Messrs. 
Johnson  and  Macfarland  not  to  consider  themselves  instructed 
by  those  who  did  not  vote  for  them." 
'  On  motion  of  Mr.  Wise,  the  following  resolution  was  adopted: 

Resolved,  That  tlie  Door  Keepers  be  permitted  to  pass  into  the  Hall  such  num- 
ber of  orderly  persons  as  to  fill,  without  excessively  crowding  the  lobbies;  and 
when  the  lobby  is  filled,  to  pass  in  no  more  persons. 

Mr.  Speed  submitted  the  following  resolution: 

Resolved,  That  the  order,  requiring  the  Convention  to  resolve  inlo  Committee 
of  the  Whole,  at  half-past  ten  o'clock,  be  suspended  for  this  day,  to  complete 
the  unfinished  business  under  consideration  when  the  Convention  adjourned  on 
Saturday  last. 

Mr.  Jackson  moved  that  the  resolution  be  laid  upon  the  table, 
and  the  question  being  put,  it  was  decided  in  the  negative — 
yeas  64;  nays  64. 

On  motion  of  Mr.  Jackson,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  John  Janney,  (Prcs't)  Messrs.  William  L.  Goggin, 

Edward  M!  Armstrong,  Addison  Hall, 

William  B.  Aston,  Ephraim  B.  Hall, 

John  B.  Baldwin,  Alpheus  F.  Haymond, 

Alfred  M.  Barbour,  James  W.  Hoge, 

George  Baylor,  Chester  D.  Hubbard, 

George  W.  Berlin,  John  N.  Hughes, 

George  Blow,  Jr.  John  J.  Jackson, 

Caleb  Boggess,  Peter  C.  Johnston, 

George  W.  Brent,  William  ^IcComaSj 

William  G.  Brown,  James  C.  McGrew, 

John  S.  Burdett,  William  H.  Macfarland, 

James  Burley,  James  Marshall, 

Benjamin  W.  Byrne,  Henry  H.  Masters, 

John  A.  Campbell,  Horatio  G.  Moffett, 

John  S.  Carlile,  Samuel  McD.  Moore, 

John  A.  Carter,  Logan  Osburn, 

Sherrard  Clemens,  Spicer  Patrick, 

C.  B.  Conrad,  George  McC.  Porter, 

Robert  Y.  Conrad,  Samuel  Price, 


JOURNAL    OF   THE    CONYENTIOlSr. 


139 


Messrs.  James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
James  13.  Dorman, 
William  H.  Dulauy, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 


Messrs.  David  Pugh, 

Timothy  Rives, 
William  C.  Scott, 
John  D.  Sharp, 
Burwell  Spurlock, 
Alex.  11.  H.  Stuart, 
Chapman  J.  Stuart, 
George  \V.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.  Wickham, 
W^ait.  T.  Willey— 64. 


The  names  of  those  Avho  voted  in  the  negative  are — 


Messrs.  Wm.  M.  Ambler, 
James  Barbour, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bonhhn, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Sanuiel  A.  Coffinan, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Harvey  Deskins, 
John  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hail, 
Allen  C.  Hammond, 
James  P.  Holcombe, 
J.  G.  Holladay, 
Eppa  Hunton, 
Lewis  D,  Isbell, 
Robert  C.  Kent, 
John  R.  Kilby, 


Messrs.  John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q,.  Marr, 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
John  T.  Seawell, 
James  W.  Sheffey, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherhn, 
George  P.  Tayloe, 
William  M.  Tredway, 
John  'J'yler, 
Edward  Waller, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 64. 


140 


JOUUi^AL    OF   THE    CONVENTION. 


The  question  recurring  upon  the  resolution  submitted  by  Mr. 
Speed  was  put,  and  decided  in  tlie  afRrmative — yeas  67;  nays  04. 
On  motion  of  Mr.  Jackson,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bon  Id  in, 
Thomas  Branch, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
Allen  T,  Caperton, 
Wilham  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
Ricjiard  II.  Cox, 
Harvey  Deskins, 
James  B.  Dorman, 
John  Echols, 
]\liers  W.  Fisher, 
Thomas  S.  Flournoy^ 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Fendall  Gregory,  Jr. 
William  L.  Goggin, 
John  Gocide,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 
Allen  C.  Hammond, 
James  P.  Holcombe, 
Eppa  Hunton, 
LeM'-is  D.  Isbell, 
Robert  C.  Kent, 


Messrs.  .Fohn  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q.  Marr, 
Fleming  B.  Miller, 
Robert  I  j.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
John  T.  Sea  well, 
James  W.  Sheffey, 
Thomas  Sillington, 
(yharles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
AYilliam  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Benjamin  Wilson, 
Henry  A.  Wise, 
Benj.  F.  Wysor — 67. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  John  Janney,  (PresH)  Messrs.  Ephraim  B.  Hall, 

Edward  M.  Armstrong,  Alpheus  F.  Haymond, 

William  B.  Aston,  James  W.  Hoge, 

John  B.  Baldwin,  J.  G.  Holladay, 

Alfred  M.  Barbour,  Chester  D.  Hubbard, 


JOURNAL    OF   THE   CONVENTION. 


141 


Messrs.  Goorge  Baylor, 

George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
George  W.  Brent, 
William  G.  BroAvn, 
.Tohn  S.  Burdett, 
James  Bnrlcy, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Shcrrard  Clemens, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Couch, 
John  Critcher, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
William  H.  Dnlany, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  h.  Gillespie, 
Peyton  Gravely, 
Algernon  8.  Gray, 
Addison  Hall, 


Messrs.  John  N.  Hughes, 
John  .1.  Jackson, 
Peter  C.  Johnston, 
William  McComas, 
James  C.  McGrew, 
William  H.  Macfarland, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugb, 
Timothy  Rives, 
William  C.  Scott, 
John  D.  Sharp, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.   Wickham, 
Wait.  T.  VVilley— 64. 


The  preamble  and  resolution  submitted  by  Mr.  Preston,  on 
Saturday  last,  were  taken  up  and  modified  by  general  consent, 
by  Mr.  Preston^  so  as  to  read  as  follows: 

Whereas,  In  tlie  opinion  of  tliis  Convention,  the  uncertainty  wliich  prevails  in 
the  public  mind  as  to  the  policy  which  the  Federal  Executive  intends  to  pursue 
toward  the  seceded  States  is  extremely  injurious  to  the  industrial  and  commer- 
cial interests  of  the  country;  tends  to  "keep  up  an  excitement  whicli  is  unfavora- 
ble to  tlie  adjustment  of  pending  difiiculties,  and  threatens  a  disturbance  of  the 
public  peace;  therefore. 

Resolved,  That  a  committee  of  three  delegates  be  appointed  by  this  Conven- 
tion to  wait  upon  llie  President  of  the  United  States,  present  to  him  tliis  pream- 
ble and  resolution,  and  respectfully  ask  of  him  to  communicate  to  this  Conven- 
tion the  policy  which  the  Federal  Executive  intend  to  pursue  in  regard  to  the 
Confederate  States. 

Pending  the  further  consideration  of  the  preamble  and  reso- 
lution, 

On  motion  of  Mr.  Morton,  the  Convention  took  a  recess  un- 
til 5  o'clock,  P.  M. 


142 


JOUENAL    OF   THE   CONVENTION. 


AFTERNOON    SESSION. 

The  President  resumed  the  chair  at  5  o'clock,  P.  M. 
The  pending  question,    "Shall  the  main  question  be  now- 
put?"  was  decided  in  the  affirmative — yeas  59;  nays  51. 

On  motion  of  Mr.  Birdett,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  aflirmative  are — 


Messrs.  Wm.  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
Wood  Bouldin, 
Thomas  Branch, 
Frederick  M.  Cabell, 
Alien  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  ColTman, 
Raphael  M.  Conn, 
Richard  H.  Cox, 
Harvey  Dcskins, 
James  (3.  Dorman, 
John  I'iChols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
Allen  C.  Hammond, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 
Robert  C.  Kent, 
John  J.  Kindred, 


Messrs.  James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  Q.  Marr, 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T,  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
George  W.  liandolph, 
George  W.  Richardson, 
Timothy  Rives, 
Robert  E.  Scott, 
John  T.  Seawell, 
James  W.  Shelfey, 
(Jharles  R.  Slaughter, 
John  J\L  Speed, 
Sanuiel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
Edward  Waller, 
Benjamin  Wilson, 
Benj.  F.  Wysor — 59. 


The  names  of  those  wdio  voted  in  the  negative  are — 

Messrs.  Jolin  Janney,  (Pres't)  Messrs.  Chester  D.  Hubbard, 
Edward  i\L  Armstrong,  John  X.  Hughes, 

William  B.  Aston,  John  J.  Jackson, 

John  B.  Baldwin,  Peter  C.  Johnston, 

Alfred  M.  Barbour,  John  F.  Lewis, 

George  Baylor,  James  C.  McGrew, 


JOURNAL    OF   THE   CONVENTION. 


143 


Messrs.  Caleb  Boggess, 

George  W.  Brent, 
John  S.  Biirdett; 
James  Burley, 
John  A.  Campbell, 
John  S.  Carlile, 
Joiin  A.  Carter, 
Robert  Y.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Ciistis, 
Marshall  M.  Dent, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
J.  G.  Holladay, 


Messrs.  James  Marshall, 

Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
Dnvid  Pugh, 
William  C.  Scott, 
John  D.  Sharp, 
Thomas  Sitlinston, 
Alex.  H.  H.  Stuart, 
George  W.  Summers, 
William  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Henry  A.  Wise — 51. 


The  question  recurred  upon  the  adoption  of  the  resolution, 
and  was  decided  in  the  affirmative — yeas  63;  nays  57. 

On  motion  of  Mr,  Montague,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  M.  Ambler, 
James  Barbour, 
Angus  R.  Blakey, 
Wood  Bouldin, 
Thomas  Branch, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffinau, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
.Tohn  Echols, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 


Messrs.  Robert  C.  Kent, 
John  J.  Kindred, 
James  Lawson, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallory, 
John  a.  Marr, 
Fleming  B.  Miller, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Johnson  Orrick, 
William  C.  Parks, 
Wm;  Ballard  Preston, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
.Tohn  T,  Seawell, 
James  W.  Sheffey, 


144 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  Samuel  L.  Graham, 
Fendall  Gregory-;  Jr. 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 
Cyrus  Hall, 
Allen  C.  Hammond, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Eppa  Hunton, 
Lewis  D.  Isbell, 


Messrs.  Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
James  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
Edward  Waller, 
Benjamin  Wilson, 
Benj.  F.  Wysor — 63. 


The  names  of  those  who  voted  in  the  negative  are — 


Armstrong, 


Messrs.  John  .lanncy,  (PresH)  Messrs. 
Edward  M 
William  B.  Aston 
John  B.  Bnldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
Caleb  Boggess, 
George  W.  Brent, 
John  S.  Burdett, 
James  Burley, 
John  A.  Campbell, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
James  H.  Couch, 
W.  H.  B.  Custis, 
Marshall  M.  Dent, 
James  B.  Dorman, 
Jubal  A.  Early, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 


.l.G.  HoUaday, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
John  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
James  C.  McGrew, 
James  Marshall, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Samuel  McD.  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edn)und  Pendleton, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
Timothy  Riv^es, 
John  D.  Sharp, 
Thomas  Sitlington, 
Alex.  H.  H.  S\uart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Henry  A.  Wise— 57. 


The  President  announced  that  the  next  business  in  order 
was  the  appointment  of  a  committee  in  pursuance  of  the  fore- 
going resolution. 


JOURNAL    OF    THE    COJTVENTIOX.  145 

Mr.  Scott,  of  Fauquier,  nominated  Mr.  William  Ballard 
Prestox,  of  the  county  of  Westmoreland. 

Mr.  Summers  nominated  3Ir.  Alex.  H.  H.  Stuart,  of  the 
county  of  Augusta. 

Mr.  HoLcoMBE  nominated  Mr.  George  W.  Randolph,  of 
the  City  of  Richmond. 

All  of  whom  Avere  unanimously  elected. 

On  motion  of  Mr.  Patrick,  the  Convention  adjourned. 


Tuesday,  April  9,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Mr.  HuxTox  presented  a  report  of  the  proceedings  of  a  meet- 
ing held  in  the  county  of  Prince  William,  which  was  read,  and 
ordered  to  be  referred  to  the  Commiiiee  on  Federal  Relations. 

Mr.  Scott,  of  Powhatan,  presented  a  report  of  the  proceed- 
ings of  a  meeting  held  in  the  connty  of  Cumberland,  which  was 
read,  and  ordered  to  be  referred  to  the  Committee  on  Federal 
Relations. 

Mr.  GoGGix  presented  a  report  of  the  proceedings  of  a  meeting 
held  in  the  connty  of  Bedford,  which  was  read,  and  ordered  to 
be  referred  to  the  Conmittpe  ou  Federal  Relations. 

Mr.  Hull  submitted  the  following  resolution,  which,  on  mo- 
tion of  Mr.  Burdett,  was  laid  upon  the  table: 

Resolved,  That  a  committee  of  three  be  appointed  to  take  info  consideration 
the  propriety  of  reducing  the  number  of  employees  of  the  Convention,  and 
maice  sucii  reduclion,  if,  in  their  opinion,  it  can  be  done  witliout  detriment  to  the 
public  good. 

In  pursuance  of  the  order  of  the  day,  the  Convention  revived 
itself  into  a  Committee  of  the  Whole,  Mr.  Soutiiall  in  the  chair. 
After  some  time  passed  in  Connniitee  of  the  Whole,  the  Presi- 
dext  resumed  the  chair,  and  Mr.  Soutiiall  reported  that  the 
Committee  had  made  some  progress  with  the  matter  referred  to 
them,  but  had  come  to  no  final  conclusion  thereupon. 

On  motion  of  Mr.  Staples,  the  Convention  adjourned. 

19 


140 


OURNAL    OF    THE    CONVElfTIOiq-. 


4L 

Wednesday,  April  10,  1861. 

Tlie  Convention  assembled  at  10  o'clock  A   M 
Church!'  ^'^   "'"   ^'^'   ^^''    ^°^^^^^^^-^^/ of  the    Universalist 

Mr.  Cox,  of  King  and  Queen,  presented  a  report  of  the  mi 
ceed.ngs  of  a  meeting  held  in  the  said  countV;  which  w/ 
ordered  to  be  referred  to  the  Committee  on  Federal  Relations  ^ 

In  pursuance  of  the  order  of  the  day,  the  Convention  ' 
solved  Itself  into  a  Committee  of  the  Whole,  .\Ir.  Southatl 
the  chair.     After  some  time  passed  in  Committee  of  the  Wholi 

hnf^r''p''''^"'-'r"r'f^  ''^"/'^'""'^  ^^'''^  ^^^'-  Southall  report' 
wi  f  ^om^yttee  had  made  some  progress  with  the  matier  re- 
leired  to  them  but  had  come  to  no  final  conchision  thereupon 

The  resohuions  submitted  by  Mr.  Willky,  on  the  16th  ult  , 
Mth  the  amendments  proposed  thereto,  on  the  5th  inst  ,  bein- 
the  unfinished  business,  were  taken  up;  and  after  the  furthe? 
consideration  thereof,  lunncr 

tained  ^^'^'''°''''  ''''"''^  ^''^  previous  question,  which  was  sus- 

rniTn!?  I'^^Af' "2  ^^'"^  "P- "  ^^'^  ^"^^P^^^"  «f  ^'^^  amendment  sub- 
mittedjiy  Mr.  Seawell,  was  put,  and  decided  in  the  negative- 
yeas  5t);  nays  65.  * 

On  motion  of  Mr.  Seawell,  the  vole  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are- 


Messrs.  John  Janney,  (Pres't)  Messrs 
James  Barbour, 
Angus  R.  Blakey, 
James  Boisseau," 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
George  W.  Brent, 
James  C.  Bruce, 
Frederick  J\f.  Cabell, 
Allen  T.  Caperlon, 
John  A.  Carter, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
William  H.  Dulany, 
Thomas  S,  Flourn'oy, 
Samuel  M.  Garland, 


.  Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  Q,.  Marr, 
John  L.  Marye,  Sr." 
Horatio  G.  Moffctt, 
Edmund  T.  JMorris, 
Jeremiah  i\Iorton, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
George  W.  Richardson. 
Robert  E.  Scott, 
William  C.  Scott, 
John  T.  Seawell, 
Charles  R.  Slaughter, 
.Tohn  xM.  Speed, 
Samuel  G.  Staples, 


JOURNAL  OF  THE  CONVENTTO 


147 


Messrs.  Peyton  Gravely, 

Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
Thomas  F.  Goode, 
F.  L.  Hale, 
Addison  Hall, 
Lewis  E.  Harvie, 
James  P.  Holcombe, 
Lewis  1).  Jsbell, 
Walter  D.  Tieake, 
William  H.  Mact'arland, 


Messrs.  James  M.  Strange, 

William  T.  Sutherlin, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Williams  C.  Wickham, 
Samuel  C.  Williams, 
Henry  A.  Wise — .'55. 


The  names  of  thosp  who  voted  in  the  negative  are — 


lessrs.  Wm.  M.  Ambler,  Messrs. 

Edward  M,  Armstrong, 
William  B.  Aston, 
John  H.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
Cieorge  W.  Berlin, 
Caleb  Bosgess, 
William  VV.  Boyd, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  S.  Carlile, 
William  P.  Cecil, 
Manilius  Chapman, 
Samuel  A.  Cotiman, 
C.  B.  Conrad, 
James  H.  Couch, 
Marshall  M.  Dent, 
Harvey  Deskins, 
James  B.  Dorman, 
Jubal  A.  Early, 
John  Echols, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Cyrus  Hall, 
Ephraim  B.  Hail, 
L.  S.  Hall, 


Allen  C.  Hammond, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
l*eter  C.  Johnston, 
Robert  C.  Kent, 
James  Lawson, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Henry  H.  Masters, 
Samuel  McU.  Moore, 
Johnson  Orrick, 
Logan  Osburn, 
William  C.  Parks, 
Spicer  Patrick, 
George  McC.  Porter, 
Samuel  Price, 
David  Pugh, 
John  D.  Sharp, 
James  W.  ShefFey, 
Thomas  Sitlington, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
William  White, 
Waitman  T.  Willey, 
Benjamin  Wilson — 65. 


148  JOURNAL  OF  THE  CONVENTION. 

The  question  recurring  upon  the  amendment  submitted  by- 
Mr.  Turner,  of  Jackson,  Mr.  Willey  moved  to  amend  the 
amendment  by  striking  out  all  after  the  word  ''resolved,"  and 
inserting  the  following,  which  was  agreed  to: 

Resolved,  That  a  committee  of  thirteen  be  appointed  to  inquire  into  the  expe- 
diency of  so  amending  the  twenty-second  and  twenty-third  sections  of  article 
four  of  the  Constitution  of  Virginia,  as  to  provide  that  taxation  shall  be  equal 
and  uniform  throughout  the  Commonwealth,  and  that  all  property  shall  be  taxed 
in  proportion  to  its  value. 

Pending  the  further  consideration  of  the  resolutions  and  pro- 
posed amendments, 

On  motion  of  Mr.  Branch,  the  Convention  adjourned. 


JOURNAL    OF   THE   CONVENTION. 


140 


Thursday,  April  11,  ISGl. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Bosserman,  of  the  Universalist 
Church. 

Mr.  Harvie  presented  a  report  of  the  proceedings  of  a  meet- 
ing held  in  the  county  of  Nottoway,  which  was  ordered  to  be 
referred  to  the  Committee  on  Federal  Relations. 

The  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  the  Convention  resolved  itself  into  a  Committee  of  the 
Whole.  Mr.  Southall  in  the  chair.  After  some  time  passed  in 
Committee  of  the  Whole,  the  President  resumed  the  chair, 
and  Mr.  Soutiiall  reported  that  the  Committee  had  made  some 
progress  with  the  matter  referred  to  them,  but  had  come  to  no 
final  conclusion  thereupon. 

Mr.  Wysor  presented  an  amendment,  by  way  of  addition,  to 
the  Report  of  the  Committee  on  Federal  Relations,  which  was 
ordered  to  be  printed,  and  referred  to  the  Committee  of  the 
Whole. 

Mr.  Morton  moved  to  adjourn,  and  the  question  being  put, 
was  decided  in  the  negative — yeas  43;  nays  73. 

On  motion  of  Mr.  Armstrong,  the  vote  was  recorded  as  fol- 
lows : 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Wm.  M.  Anililer, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Peter  B.  Borst, 
Wood  Bouldin, 
James  C.  Bruce, 
John  R.  Chamhlisj;, 
►Samuel  A.  Coffman, 
W.  H.  B.  Custis, 
William  W.  Forbes, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
Thomas  F.  Goode, 
iiCwis  E.  Harvie, 
James  P.  Holcomhe, 
J.  G.  Holladay, 


Messrs.  James  liawson, 
Walter  I).  Leake, 
Charles  K.  Mallory, 
John  a.  Marr, 
Fleming  B.  Miller, 
Edmund  T.  Morris, 
Jeremiah  Morton , 
William  J.  Neblett, 
Johnson  Orrick, 
George  W.  Richardson, 
John  T.  Scawell, 
Valentine  W.  Southall, 
James  M.  Strange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
.(ojin  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 


150 


JOUKNAL    OF   THE   CONVENTION. 


Messrs.  John  N.  Hughes, 
Eppa  Huntoii, 
Lewis  D.  Is])ell, 
John  R.  Kilby, 


Messrs.  Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Henry  A.  Wise — 43. 


The  names  of  those  who  voted  in  the  negative  arc — 


Messrs.  John  Janney,  (PrcsH)  Messrs, 
]"M'd  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Jiaylor, 
George  W.  Berlin, 
Caleb  Boggess, 
William  W.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdctt, 
.lames  Burley, 
Benj.  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  S.  Carlile, 
Manilius  Chapman, 
Sherrard  Clemens, 
Raphael  M.  Coini, 
C.  B.  Conrad, 
James  H.  Couch, 
John  Critcher, 

Harvey  Deskins, 
James  B.  Dorman, 

William  H.  Dulany, 

Jubal  A.  Early, 

John  Echols, 

Napoleon  B.  French, 

Colbert  C.  Fugale, 

Peyton  Gravely, 

Algernon  S.  Gray, 

William  L.  Goggin, 

F.  L.  Hale, 

Addison  Hall, 

L.  S.  Hall, 

Alpheus  F.  Haymond, 

The  resolutions  submitted  by  Mr.  Willev,  on  the  IGth  ult., 
with  the  amendment  proposed  thereto,  were  taken  up. 


James  W.  Hoge, 
Chester  1).  Hubbard, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  F.  Lewis, 
William  McComas, 
Janies  C.  McCrew, 
James  B.  Mai  lory, 
James  Marshall, 
Thomas  Mashn, 
Henry  H.  Masters, 
Horatio  G.  Motfett, 
Samuel  McD.  Moore, 
Hugh  ]\L  Nelson, 
JiOgan  Osburn, 
WiHiam  C.  Parks, 
Spicer  Patrick, 
George  McC.  Porter, 
Sanmel  Price, 
David  Pugh, 
John  D.  Sharp, 
Thomas  Sillington, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Edward  Waller, 
William  Whitp, 
Williams  C.  Wickham, 
Waitman  T.  Willey, 
Benjamin  Wilson, 
Benj.  F.  Wysor — 73. 


JOUKNAL    OF    THE    COTSrVENTIO:N'. 


151 


Mr.  Haymond  called  the  previous  question,  which  was  sus- 
tained. 

The  question  being  upon  the  adoption  of  the  amendment  sub- 
mitted by  Mr.  Willey,  was  put,  and  decided  in  the  affirmative. 
The  proposition,  as  amended,  reads  as  follows: 

licsolvcd,  Thai  a  commitlco.  of  thirteen  be  appointed  to  inquire  into  the  expe- 
diency of  so  aincixling  tiio  twenty- scoond  and  twenty-third  sections  of  article     / 
four  of  the  Constitution  of  Virginia,  as  to  provide  that  taxation  shall  be  equal  Y 
and  uniform  throughout  the  Commonwealth,  and  that  all  property  shall  be  taxed 
in  proportion  to  its  value. 

Mr.  BoissEAu  moved  to  amend  the  resohition,  by  adding  the 
words  ''and  that  said  committee  shall  report  to  an  adjourned 
session  of  this  body."     Negatived. 

The  question  recurring  upon  the  adoption  of  the  resohition, 
wa^  put  and  decided  in  the  affirmative — yeas  63;  nays  26. 

On  motion  of  Mr.  Goode,  of  Mecklenburg,  the  vote  was  re- 
corded as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  .lohn  .Tanney,  (PrcsH)  Messrs. 
Edw'd  M.  Armstrong, 
William  B.  Aston, 
John  B.  Baldwin, 
Alfred  M.  Barbour, 
George  Baylor, 
George  VV.  Berlin, 
Caleb  Boirgess, 
William  VV.  Boyd, 
George  W.  Brent, 
William  G.  Brown, 
John  S.  Burdett, 
James  Burley, 
Benjamin  W.  Byrne, 
.lohn  A.  Campbell, 
Allen  T.  Capcrton, 
John  S.  Carlile, 
Joiin  A.  Carter, 
Manilius  Chapman, 
Sherrard  Clemens, 
Sanmel  A.  Coffinan, 
C.  B.  Conrad, 
James  H.  Concli, 
ilarvey  Drskins, 
James  B.  Dorman, 
William  IT.  Dulany, 
Jnbal  A.  Early, 
John  b>h'"ls, 


Cyrus  Hall, 
E'phraim  B.  Hall, 
L.  S.  Hall, 

Alpheus  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 
George  W.  Hull, 
John  J.  Jackson, 
Marmaduke  Johnson, 
Peter  C.  Johnston, 
James  Lawson, 
Jolm  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Henry  H.  Masters, 
Hugh  M.  Nelson, 
Loi^an  Osburn, 
William  C.  Parks, 
George  McC.  Porter, 
Sanmel  Price;, 
David  Pngh, 
John  n.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Chapman  J.  Stnart, 
George  W.  Summers, 
Campbell  Tarr, 


JOURNAL    OF   THE   CONVENTIO]N^ 


153 


Messrs.  Napoleon  B.  French,  Messrs.  Waitman  T.  Willey, 
Colbert  C.  Fugate,  Benjamin  Wilson, 

H.  L.  Gillespie,  Berij.  F.  Wysor— G3. 

William  L.  Goggin, 

The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  William  M.  Ambler,       Messrs. 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Wood  Bouldin, 
Raphael  M.  Conn, 
William  W.  Forbes, 
Sanmel  M.  Garland, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 
Thomas  F.  Goode, 
Addison  Hall, 
J.  G.  HoUaday, 


Lewis  D.  1  shell, 
John  R.  Kilby, 
Walter  D.  Leake, 
Charles  K.  Mallory, 
James  B.  Mallorv, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
George  W.  Richardson, 
Valentine  W.  Southall, 
James  M.  Strange, 
.Tohn  T.  Tiiorntou, 
Robert  H.  Whitfield, 
W.  C.  Wickham— 26. 


Mr.  PmcE  submitted  the  following  resolution: 

Resolved,  That  the  thirty-third  rule  of  the  Convention  shall  be  rescinded,  and 
during  the  consideration  of  the  report  of  the  Committee  on  Federal  Relations 
and  the  amendments  thereto,  which  may  be  made  by  the  Committee  of  the 
Whole,  when  the  same  shall  be  reported  back  to  the  Convention,  each  shall  be 
limited  to  ten  minutes. 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Wilson,  the  Convention  adjourned. 


JOURNAL    OF   TIIK    CONVENTION. 


155 


Monday,  April  15,  1861. 

The  T'oiivenlion  assembled  at  10  o'clock,  A.  M, 

l^rayer  by  the  Rev,  Mr.  Boggs,  of  tlie  Methodist  Episcopal 
Church. 

Mr.  Prkston  presented  a  report  from  the  Committee  appointed 
to  wait  upon  the  President  of  the  United  States,  to  ascertain 
^'the  policy  which  the  Federal  Execntive  intends  to  pursue  in 
regard  to  the  Confederate  States."     [Doc.  XVII. [ 

Mr.  HoLcoMBK  sid)mitted  the  following  resolutions: 

1.  Resnlrcd,  That  the  standina;  order  for  resolving  the  Convention  into  Com- 
mittee of  the  VVliole,  be  suspended. 

2.  Resolved,  That  ihe  Convention  will  immediately  f^o  into  secret  session,  in 
order  to  consider  the  report  of  the  Committee  appointed  to  visit  Washington. 

The  question  upon  agreeing  to  the  first  resolution  was  put, 
and  decided  in  the  affirmative — yeas  80;  nays  43. 

On  motion  of  Mr.  Hall,  of  Marion,  the  vote  was  recorded  as 
follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  John  Janney,  (Pres''t)  Messrs. 
William  M.  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
Alfred  M.  Barbour, 
James  Barbour, 
Angus  B.  Blakey, 
(jieorge  Blow,  Jr. 
Caleb  Boggess, 
James  Boisseau, 
Peter  B.  Borst, 
Wood  }>ouldin, 
W^illiam  VV.  Boyd, 
James  C.  Bruce, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
William  P.  Cecil, 
Manilius  Chapman, 
Samuel  A.  Colfman, 
Raphael  M.  Conn, 
Robert  Y.  Conrad, 
Richard  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  l^eskins, 


Lewis  D.  Isbell, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
James  Lawson, 
Walter  D.  Leake, 
William  H.Macfarland, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Marye,Sr. 
Fleming  B.  Miller, 
Horatio  G.  Moftett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Hugh  M.  Nelson, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
David  Pngh, 
George  W.  Randolph, 
George  W.  Richardson, 
Robert  E.  Scott, 
William  C.  Scott, 
James  VV.  Sheffisy, 
Charles  R.  Slaughter, 
Valentine  W.  Southall, 
John  M.  Speed, 


15fi 


JOURNAL    OF    THE    CONVENTION. 


Messrs.  .lames  B.  Dormaii, 
John  Echols, 
WiUiam  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
Fendall  Gregory,  Jr. 
William  L,  Gnggni, 
John  Goode,  Jr. 
F.  L.  Hale, 
Cvrus  Hall, 
L:  S.  Hall, 
Allen  C.  Hammond, 
James  P.  Holcombe, 
Eppa  Hunton, 


Messrs.  Samuel  G.  Staples, 
James  M.  Strange, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Roi)ert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
AVilliams  C.  Wif^kham, 
Samuel  C.  Williams, 
Henry  A.  Wise, 
Benj.  F.  Wysor— 80. 


The  names  of  those  who  voted  in  the  nesrative  are- 


Messrs.  John  B.  Baldwin, 
George  Baylor, 
George  W.  Berlin, 
William  G.  Brown, 
James  Burley, 
Benjamin  W.  Byrne, 
John  S.  Carlile, 
John  A.  Carter, 
Sherrard  Clemens, 
C.  B.  Conrad, 
James  H.  Couch, 
Marshall  I\I.  Dent, 
Jubal  A.  Early, 
H.  L.  Gillesj)ie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Ephraim  B.  Hall, 
Alpheus  F.  Haymond, 
James  W.  Hoge, 
Chester  D.  Hubbard, 
John  N.  Hughes, 
Geora:e  W.  Hull, 


Messrs.  Jolm  J.  Jackson, 
Peter  C.  Johnston, 
John  F.  Lewis, 
William  McComas, 
James  C.  McGrew, 
Henry  H.  Masters, 
Samnel  Mel).  Moore, 
Logan  Osburn, 
Spicer  Patrick, 
Edmund  I^endleton, 
George  McC.  Porter, 
Samui.'l  Price, 
John  D.  Sharp, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Alex.  H.  H   Stuart, 
Chapman  J.  Stuart, 
George  W.  Summers, 
Campbell  Tarr, 
Waitman  T.  Willey, 
Benjamin  Wilson — 43. 


Pending  the  consideration  of  the  second  resolution, 

Mr.  Wise  called  the  previous  question,  which  was  seconded. 

Mr.  Early  moved  an  adjournment.     Negatived. 

Subsequently,  the  tnotion  to  adjourn  was  renewed  by  Mr. 
Gillespie,  and  the  question  being  put,  was  decided  in  the  affir- 
mative. 


JOURNAL  OF  THE  CONVENTION. 


321 


SECOND  ADJOURNED  SESSION. 


Wednesday,  November  13,  1861. 

The  Convention  met  at  10  o'clock,  A.  M. 

The  President,  Mr.  Janney,  being  absent, 

On  motion  of  Mr.  Mallory,  of  Brunswick,  Mr.  James  H. 
Cox,  was  called  to  the  chair. 

Prayer  by  the  Rev.  Mr.  Young,  of  the  Baptist  Church. 

The  roll  was  then  called,  and  the  following  members  an- 
swered to  their  names: 


Messrs.  William  B.  Aston, 
Angus  R.  Blakey, 
W<ind  Bouldin, 
William  W.  Boyd, 
Benjamin  W.  Byrne, 
John  R.  Chambliss, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
James  B,  Dorman, 
Miers  VV.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
William  L.  Goggin, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 


Messrs.  John  R.  Kilby, 

William  H.  Macfarland. 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Horatio  G.  MofFett, 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Peter  Saunders,  Sr. 
Robert  F.  Scott, 
John  M.  Speed, 
Alex.  H.  H.  Stuart, 
James  M.  Strange, 
George  P.  Tayloe, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
"William  White, 
Robert  H  Whitfield, 
Samuel  Woods. 


No  quorum  being  present. 

On  motion  of  Mr,  Forbes,  the  Convention  adjourned  until    "^ 
to-morrow,  at  12  o'cclock,  M.  ^ 


322 


.roUHXAL    OF    Til?:    roNVEXTIoX. 


Thursday,  November  14,  1S61. 

The  Convention  assembled  at  12  o'clock,  M.,  Mr.  Cox  in  the 
chair. 

Prayer  by  the  Rev.  ]\Ir.  Petkrkix,  of  the  Episcopal  Church. 

Messrs.  Thomas  J.  Raxdolph,  of  Albemarle,  who  was  elected 
to  fill  the  racancy  occasioned  l)y  the  death  of  Mr.  South  all; 
John  N.  Hendrex,  of  Augusta,  \fhn  was  elected  to  fill  the  va- 
cancy occasioned  by  the  resignation  of  Mr.  Baldwin;  and  John 
B.  YocNo,  of  Henrico,  wlio  was  elected  to  fill  the  vacancy  oc- 
casioned by  the  resignation  of  Mr.  Wickham,  appeared  and  took 
their  seats. 

The  roll  was  then  called,  and  the  following  members  answered 
to  their  names: 


Messrs.  William  B.  Aston, 
James  Barbour, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boisseau, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
James  \^  Brooke, 
Benjamin  W.  Byrne, 
Allen  T,  Caperton, 
Edward  R.  Chambers, 
John  R.  Chambliss, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 


Messrs,  John  N.  Hendren, 
.lohn  R.  Kilby, 
Jolui  J.  Kindred. 
William  H.  Macfarland, 
Cliarles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  I..  Marye,  Sr. 
Thomas  Maslin, 
Horatio  G.  Moffett, 
Robert  L.  Montague, 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  T.  Seawell, 
John  M.  Speed, 
Alex.  H.  H.  Stuart, 
James  M.  Strange, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.Turner, 


JOURNAL  OF  TUE  CONVENTION.  323 

Messrs.  William  L.  Goggin,       Messrs.  John  Tyler, 

Addison  Hall,  Edward  Waller, 

Cyrus  Hall,  William  White, 

L.  S.  Hall,  Robert  H.  Whitfield, 

Allen  C.  Hammond,  Samuel  C  Williams, 

Lewis  E.  Harvie,  Samuel  Woods, 

Alphens  V.  Haymond,  John  13.  Young. 

No  quorum  being  present,  the  Sergeant-at-Arms  was  directed 
to  summons  absentees; 

Pending  which  Mr.  H  \rhii-:  moved  to  adjouin  until  .Saturday 
at  12  o'clock,  and  the  i[Uostion  being  put,  was  deridotl  in  the 
negative. 

The  following  members  then  appeared  and  answered  to  their 
names:  Messrs.  Johnson,  of  Richmond  City;  Armstrong  and 
Wvsor;  and  the  Piiksident  announced  that  a  i|uorum  was 
then  present. 

The  Presiimat  presented  the  following  communigation  from 
the  ksecretiiry  of  the  Commonwealth: 

Exizri'TMK  Department,  \ 
Rii-hnioiid,  Nov.  14,  Ir^lil.      ^ 
To  the  Ilmwrahlt  the  Prtsiilcnl  iflhr  Coiirenlioii  : 

Sir, — Oil  ttif  lltli  of  October  last,  tlic  (Juvcrnor  issued  a  proclamation  au- 
thorizing elections  to  supply  vacancies  in  the  Convention,  in  cases  in  which  the 
counties  to  elect  were  in  possession  of  the  eru'iuy.  In  such  cases,  regulations 
were  prescribed,  autbori/.irig  the  votes  to  be  tiikcn  at  military  encampments,  and 
at  places  other  than  the  residences  of  the  \cittrs,  and  the  rrturnuig  tiflirers  were 
required  to  make  returns  of  such  votes  to  ibe  Secretary  of  the  (^omnionM  ealth. 
These  regulations  were  subject  to  the  ratification  of  the  Convention. 

Having  received  many  of  such  returns  I  <)eein  it  my  duty  to  enclose  them  liere- 
willi,  for  such  action  as  the  Convention  may  deem  proper.  A  copy  of  the  Go- 
vernor's proclamation  is  also  enclosed. 

Verv  respectfiiliv, 

GEORGE  W.  MUNFORl). 
Stcrctary  of  tlit  Cvinmonu-iallh. 

The  following  is  the  proclama»ion  of  the  Governor,  referred  to: 

Whereas,  in  the  elections  about  to  be  held  in  this  State,  for  Electors  of  Presi- 
dent and  Vice  President,  and  for  membe^^  of  Congress  of  the  Confederate  Stales, 
and  also  for  members  of  the  State  Convent  ion,  and  of  the  House  of  Delegates 
and  Senate  to  supply  vacancies  now  existing,  it  appears  to  tlie  Executive  that 
some  of  the  counties,  entitled  to  make  said  election<,are  now,  or  may  he,  in  the 
possession  of  the  enemy,  or  of  hostile  parties,  and  that,  in  consequence  of  such 
possession,  it  may  be  impracticable  to  hold  said  elections  at  the  places  author- 
ized by  law  ;  and  the  General  Assembly  and  the  Convention  having  made  no 
provision  for  such  emergency:  .Now,  therefore,  1,  .Kmv  Letcher,  Governor 
of  the  Commonwealth  of  Virginia,  do  hereby  prescribe  the  following  regulations 
for  holding  said  elections,  subject  to  the  ratification  of  the  Legislature  or  the 
Convention: 

In  cither  of  said  elections,  if  from  any  cause  proceeding  from  the  action  of 
the  enemy,  it  be  impracticable  to  hold  the  election  at  any  place  designated  by 
law  for  holding  the  same,  any  person  within  the  county  may  vote  at  any  other 
place  therein  at  which  votes  may  he  taken.  And  in  the  ca^e  of  any  District 
election,  if  tiie  election  cannot  be  held  in  any  one  county  of  tlie  District,  any 
voter  therein  may  Tote  in  any  other  county  of  the  District  in  which  votes  may 
be  taken. 


324  ,  .luUUNAL    ()!•    TIIK    OoXVENTIOX. 

In  counties  or  Districts  in  wliicli  no  election  can  be  held,  any  voter  of  the 
county  or  District  may  present  liimself  to  the  Commissioners  at  the  Court  House 
of  any  other  county  or  corporation,  or  to  the  Commissioners  at  any  encamp- 
ment at  which  he  may  be,  and  ask  that  a  separate  poll  be  opened  for  the  election 
or  elections  authorized  to  he  held  for  his  county,  and  on  such  poll,  if  he  show 
that  he  is  entitled  to  vote,  the  Commissioners  shall  cause  his  name  to  be  recorded, 
as  if  it  were  in  his  county. 

The  officers  whose  duty  it  is  to  make  returns  of  elections  shall  forthwith,  at 
the  conclusion  of  the  election,  return  such  separate  polls  to  the  Secretary  of  the 
Commonwealth. 

In  taking  all  such  special  polls  the  same  proceedings  shall  be  had,  and  under 
the  rcculatiiins  prescribed  in  resjular  election*. 

'  In  all  cases  where  returning  officers  may  not  find  it  practicable,  for  the  reasons 
aforesaid,  to  meet  at  the  places  designated  by  law,  they  may  return  the  polls 
taken  and  in  their  custody,  to  the  Secretary  of  the  Commonwealth. 

Ciiven  under  my  hand,  as  Governor,  and  under  the  seal  of  the  Commonwealth, 
at  Richmond,  this  Hth  day  of  October,  A.  D.,  IHJl,  and  in  the  eightv-sixth  vear 
of  the  Commonwealth.  JOHN  LETCHER. 

By  the  Governor, 

Geoik.k  ^V.    Mx'SFORV,  Secretary  f'f  the  Commonireallh. 

The  communications,  with  accompanying  election  returns, 
were  ordered  to  be  referred  to  the  Committee  on  Elections.  * 

iMr.  Blakey  submitted  the  following  resolutions,  which  were 
laid  upon  the  table,  and  ordered  to  be  printed: 

Resolrcd,  Thnt  the  Committee  on  the  Constitution  is  instructed  so  to  amend 
their  report  as  to  provide  : 

1.  That  no  one  who  shall  become  a  citizen  of  the  Confederate  States  of  Ame- 
rica, after  the  close  of  the  existing  war,  shall  ever  be  intilled  to  vote. 

2.  That  no  such  person  shall  be  eligible  to  the  General  Assembly,  or  to  the 
offices  of  Governor,  Lieutenant  Governor,  or  Judge  of  the  Supreme  Court  of 
Appeals,  or  ("Circuit  Courts. 

3.  That  the  Justices  of  each  county  shall  be  elected  by  the  people  of  the  whole 
durinff  good  behavior. 

4.  That  the  pre*i'nt  Judges  of  the  Supreme  Court  of  Appeals,  and  of  the  Cir- 
cuit Courts  for  the  period  prescribed  in  said  report,  the  justices  of  the  peace  now 
in  office  during  good  liehavit)r.  and  the  other  county  officers  until  the  expiration 
of  the  terms  to  which  they  have  been  respectively  elected. 

Mr.  Haymond  submitted  the  following  resolution,  which  was 
adopted : 

Resohfi},  That  the  President  pro  tern,  of  the  Convention  be  and  he  is  hereby 
authorized  to  till  any  vacancies  that  may  exist  in  the  Committee  of  Elections. 

The  Presidkxt  announced  the  following  members  to  fill  va- 
cancies under  the  above  resolution:  Messrs.  Wood  and  Hall  of 
Pleasants  and  Ritchie. 

Mr.  Hall,  of  Lancaster,  submitted  the  following  resolution, 
which  was  adopted: 

Resolved,  That  when  this  Convention  adjourns  to-day,  it  will  adjourn  to  Satur- 
day at  12  o'clock,  in  order  to  afford  an  opportunity  of  observing  to-morrow  as  a 
day  of  fasting  and  prayer,  in  accordance  with  the  recommendation  of  the  Presi- 
dent of  the  Confederate  States  of  America. 

The  PREsinRNT  presented  the  following  communication  from 


JOUKNAL  OF  THE  OONVENTIOK.  325 

Mr.  John  Janney,  resigning  his  position  as  President  of  the 
Convention : 

Leesburg,  Loudoun  Coontt,  Va. 
November  6th,  1861. 
To  the  Members  of  the  Virginia  State  Convention: 

Gentlemen, — I  hereby  resign  into  your  hands  the  office  of  President  of  your 
honorable  body,  which  you  conferred  upon  me  on  the  13th  of  February  last. 
The  state  of  my  health  renders  this  act  absolutely  necessary;  and  1  avail  myself 
of  the  occasion  to  tender  you  my  cordial  thanks  for  the  uniform  kindness  and 
forbearance  which  have  been  extended  to  me  during  my  administration  of  the 
duties  of  the  office. 

Very  respectfully, 

Your  friend  and  fellow-citizen, 

JOHN  JANNEY. 

On  motion  of  Mr.  Montague,  the  Convention  adjourned. 


JOtJRlSrAL   OF  THE   CON-SrENTION. 


327 


Saturday,  November  16,  1861. 

The  Convention  assembled  at  12  o'clock,  M.,  Mr.  Cox  in  the 
chair. 

Prayer  by  the  Rev  Mr.  Peterkin,  of  the  Episcopal  Church. 

The  President  announced  that  the  first  business  in  order  was 
the  election  of  President  to  fill  the  vacancy  occasioned  by  the 
resignation  of  Mr.  John  .Tanney. 

Mr.  Barbour  nominated  Mr.  Robert  L.  Montague,  of  the 
county  of  Middlesex. 

Mr.  Moore  nominated  Mr.  James  H.  Cox,  of  the  county  of 
Chesterfield. 

The  roll  was  then  called,  with  the  f  >lIowing  resnlt: 

The  names  of  those  who  voted  for  Mr.  Montague  are — 


Messrs.  Edw'd  M.  Armstrong,  Messrs. 
William  B.  Aston, 
James  Barbour, 
George  W,  Berlin, 
Angus  R.  Blakey, 
Wood  Bouldin,- 
George  W.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Allen  T.  Caperton, 
Edward  R.  Chambers, 
John  R.  Chambliss, 
C.  B.  Conrad, 
James  B.  Dorm  an, 
Miers  W.  Fisher, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
Muscoe  R.  It.  Garnett, 
Samuel  L.  Graham, 
Peyton  Gravely, 
John  Goode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.  S   Hall, 
Lewis  E.  Harvie, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Walter  D.  Leake, 


Paul  McNeil, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
William  J.  Neblett, 
Wm.  Ballard  Preston, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  T.  Sea  well, 
James  W.  Shefiey, 
John  M.  Speed, 
Bur  well  Spurlock, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Samuel  Woods, 
Benjamin  F.  Wysor, 
John  B.  Young— 57. 


328  JOURNAL   OF   THE   CONVENTION. 

The  names  of  those  who  voted  for  Mr.  Cox  are — 

Messrs.  George  Baylor,  Messrs.  Wm.  H.  Macfarland, 

George  Blow,  Jr.  James  B.  Mallory, 

William  W.  Boyd,  Samuel  McD.  Moore, 

Thomas  Branch,  WiUiam  C.  Kent, 

Samuel  A.  CofFman,  Samuel  Price, 

John  Critcher,  Timothy  Rives, 

Harvey  Deskins,  Robert  E.  Scott, 

William  H.  Dulany,  John  D.  Sharp, 

WilHam  W.  Forbes,  Thomas  Sithngton, 

Colbert  C.  Fugate,  Alex.  H.  H.  Stuart, 

Algernon  S.  Gray,  James  M.  Strange, 

Alphens  F.  Haymond,  William  M.  Tred^jTy^^y, 

John  N.  Hendren,  John  Janney — 27.'!<i 
Peter  C.  Johnston, 

Mr.  Goggin  voted  for  Mr.  Fleming  B.  Miller,  of  the  county 
of  Botetourt. 

Mr.  MoNTEGUE  having  received  a  majority  of  the  wliole  vote 
cast,  was  declared  duly  elected. 

On  motion  of  Mr.  Fisher,  the  following  resolution  was 
adopted: 

Resolved,  That  Waitman  T.  Willey  be  and  hereby  is  expelled  as  a  member  of 
this  body  on  account  of  bis  disloyalty  to  the  Confederate  States,  and  his  adhe- 
rence to  the  enemies  of  the  same. 

Mr.  Chambliss  presented  the  following  petition,  which  was 
ordered  to  be  referred  to  the  Committee  on  Elections: 

Richmond,  October  14th,  1861. 

We,  the  undersigned  citizens  of  Northwest  Virginia,  recommend  the  Conven- 
tion of  Virginia  to  elect  representatives  to  supply  vacancies  in  the  Legislature 
about  to  assemble  for  the  counties  of  Taylor,  Harrison,  Lewis,  Ritchie,  Wood, 
Dodridge  and  Pleasants,  Tyler,  Wetzel,  Marshall,  Ohio,  Brooke,  Hancock,  Mo- 
nongalia, Preston,  Marion,  Mason,  Kanawha,  Putnam,  Wayne  and  such  other 
counties  as  have  been  represented  in  the  Wheeling  Convention,  by  the  delegates 
elected  at  the  spring  election,  including  Roane  and  Jackson, 

T.  S.  HAYMOND, 
J.  H.  HAYMOND, 
JOHN  BRANNON, 
THOMAS  EDWARDS, 
JAMES  NEESON, 
E.  J.  ARMSTRONG, 
J.  M.  HOGE, 
J.  M.  BURNS, 
WILLIAM  PITTS, 
CHAS.  G.  TAYLOR. 

Mr.  Stuart^  from  the  "Committee  on  Amendments  to  the 
Constitution,"  presented  a  report,  which  was  laid  upon  the  table, 
and  ordered  to  be  printed.     [Doc.  No.  XXXIII.] 


JOURNAL  OF  THE  CONVENTION.         329 

.Jnn   u'r 'f  ^"^"^/tted  the  following  amendment  to  the  Consti- 
tution, whicli  was  laid  upon  the  table,  and  ordered  to  be  printed: 

Amendment  to  S9,  p.  27.     After  "vpars  "  in  tu^  ctu  i- 
court  after  the  eleltio'n  and  i^'^HUTof  t  "e  Ju'tfes  unde""):  '  Co'n^^''' 
or  as  soon  thereafter  as  may  he,  they  shall  1  e     ivIH,!  ?nt    r         ,        Constmtion, 
to  consist  of  one  Justice  frJm  ead?d    tr    t  to  be  nlj  °^^^  ^^^^^, 

service  of  the  first  class  shall  expire  at  the  end  nf  ^  7\^  ^^''"^  °^ 

class  at  the  expiration  of  '^     yelJ      of  Uie  third  .1      ^'fil'  °*^  *'■'"  '"'^""^ 

vears-  and  of  fh^  r^„r.t\?^^       ?  .u  •     ^'^^^  ^'  ^^^  expiration  of 

years,  ana  oi  the  tonrth  class  at  the  c\n  ratinn  nf 

ad^pLd™''""  °'  ^^'^  •^''"■^''■='''  "'<^  f""""'"'?  resolution  was 

fo.roiw;;r-ou,li.Jf;.l^XpTd; "'  "■=  '"^  °^  ^'^'"-"^'  *« 

^nffi''"''  "^'"'^  ^  conimittee  of  seven  be  appointed  to  inquire  into  the  exncdi 
Salc'e^^oS':;^!^':^  "'"^  ""'  '''  Comn^,^onwealth.  anS  tlfartt^'rV^TSy 

mo^bn^o;T''s;'"^  ''''  ^"""^"'^^§^  resolution;  which,  on 

motion  of  Ml.  Scott,  of  Fauquier,  was  laid  upon  the  table- 

luti^n-  ^^•''^'^°''^^^  °^  Brunswick,  submitted  the  following  reso- 

jou^rrS/.r''''''^'"  '•"'  Convention  adjourns  on  Thursday  next,  it  will  ad- 

stit^te:^^'''''^'  °^  Fauquier,  submitted  the  folIoMdng,  as  a  sub- 

Resolved,  That  the  present  Constitution  of  this  Commonwealth  ontrht  tn  h. 

=;;rLt;::;Lt;^:r£tVi|^iil;':?rp^;^^     --'  -'-^- 

Mr.  Nerlett  called  for  a  division  of  the  question,  and  being 
put  upon  the  first  part  of  the  substitute,  it  was  decided  in  thS 
affirmative— yeas  SI;  nays  3. 

On  motion  of  Mr.  Preston,  the  vote  was  recorded  as  follows: 
7'he  names  of  those  who  voted  in  the  affirmative  are- 
Messrs.  R.L.  Montague  rPre*^;  Messrs.  William  B.  Aston, 
tidvv  d  M.  Armstrong,  James  Barbour, 


330 


JOURNAL    OF    THE    CONVENTION. 


Messrs.  George  Baylor, 

George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Allen  T.  Caperton, 
Edward  R.  Chambers, 
John  R.  Chambliss, 
Samuel  A.  Coffman, 
James  H.  Cox, 
John  Critcher, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  \Y   Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
Muscoe  R.  H.  Garnett, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  8.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
Addison  Hall, 
L.  S.  Hall, 
Lewis  E.  Ilarvie, 
Alpheus  F.  Haymoud, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Walter  D.  Leake, 


Messrs.  Paul  McNeil, 

William  H.  Macfarland, 
James  B.  Mai  lory, 
Jolm  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Horatio  G.  MofFett, 
Edmund  T.  Morris, 
Jeremiah  Morton, 
Sanuiel  McD.  Moore, 
William  J.  Neblett, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  T.  Seawell, 
John  1).  Sharp, 
James  W.  sheffcy, 
Thornas  Sitlington, 
John  M.  Speed, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
James  M.  Strange, 
William  T.  SutherUn, 
George  P.  Tayloe, 
William  M.  Tredway, 
Franklin  P.Turner, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Samuel  Woods, 
Benjamin  F.  Wysor, 
John  B.  Young— 8L 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  C.  B.  Conrad, 

William  C.  Parks, 


Mr.  Timothy  Rives— 3. 


The  question  recurred  upon  the  second  part  of  the  substitute, 
and  being  put,  was  decided  in  the  affirmative — yeas  55  j  noes  26. 


JOUENAL   OF   THE   COlSrVEISTTION. 


331 


On  motion  of  IVIr.  Harvie,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are 


Messrs.  R .  L.  Montague  (Prest) 
Edw'd  M.  Armstrong, 
William  JB.  Aston, 
James  Barbour, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
George  W.  Brent, 
James  V    Brooke, 
Banjamin  W^.  Byrne, 
James  H.  Cox, 
John  Oritcher, 
James  B.  Dormnn, 
William  if.  Dulany, 
Miers  \\ .  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
Samuel  1,.  Graham, 
Peyton  Gravely, 
Addison  Hall, 
Alphens  F.  Raymond, 
John  N.  Hendren, 
Peter  C.  Jobnston, 


Messrs. John  R.  Kilby, 
Paul  McNeil,' 
Wm.  H.  ]MacfarIand, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Sannjel  McD.  Moore, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  T.  Sea  well, 
John  D.  Sharp, 
Tliomas  Sitlington, 
John  M    Speed, 
Burvvell  Spurlock, 
Alex.  H   H.  Stuart, 
George  P.  Tayloe, 
William  M.  Tredway, 
Franklin  P.  Turner, 
John  Tyler, 
Edwarrl  Waller, 
Samuel  Woods, 
Benj'n  F.  Wysor — 55. 


The  names  of  those  who  voted  in  the  negative  are 


Messrs.  Edw'd  R.  Chambers, 
John  R.  Chambliss, 
Samuel  A.  Colfman, 
Harvey  Deskins, 
Muscoe  R.  H.  Garnett, 
William  L.  Goggin, 
John  Goode,  Jr. 
L.  S.  Hall, 
Lewis  E.  Harvie, 
Robert  C.  Kent, 
John  J.  Kindred, 
Walter  D.  Leake, 
James  B.  Mallory, 

The  resolution,  as  amended, 


Messrs.  Fleming  B.  Miller, 
Jeremiah  Morton, 
William  J.  Neblett, 
William  C.  Parks, 
Thomas  J.  Randolph, 
Timothy  Rives, 
James  VV.  Sheffey, 
James  M.  Strange, 
William  T.  Sntherlin, 
Robert  H.Turner, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
John  B.  Young— 26. 
was  then  adopted. 


332         JOURNAL  OF  THE  CONVENTION. 

On  motion  of  Mr.  Scott,  of  Fauquier,  the  vote  by  which  the 
following  resolution  was  adopted,  June  29th,  was  reconsidered: 

licsoh-ed,  That  the  Convention  will,  on  and  after  this  day,  take  a  recess  from 
two  to  five  o'clock,  daily;  and  that  no  member  shall  be  allowed  to  speak  more 
than  ten  minutes  on  the  same  question,  or  oftener  than  once. 

The  resolution  was  then  amended  to  read  as  follows: 

Resolved,  That  no  member  shall  be  allowed  to  speak  more  than  ten  minutes  on 
the  some  question,  or  more  than  once. 

Mr  Macfari.and  presented  a  memorial  from  the  Council  of 
tlie  City  of  Richmond,  which  was  ordered  to  be  referred  to  the 
Committee  of  Finance. 

The  Presidknt  presented  a  communication  from  the  Execu- 
tive of  the  Commonwealth,  transmitting  the  resignation  of  Hon. 
James  M.  Mason  as  a  member  of  the  Provisional  Congress  of 
th«!  Confederate  States;  also  the  resignation  of  Col.  John  Kchols, 
from  the  county  of  Monroe,  as  a  member  of  this  Convention. 

Mr.  DnHAiAN  submitted  th«  follnwing  resolution,  which,  on 
motion  of  Mr.  Garni tt,  was  laid  upon  the  table: 

Rcsolrcii,  That  the  Committee  on  Military  AflTairs  inquire  into  the  expediency 
of  extending  the  provisions  of  the  Code  upon  the  subject  of  military  impress- 
ments, contained  in  the  chapter  on  the  militia,  so  as  to  authorize  ConlVderat*'  as 
well  us  Slate  authorities  to  take  possession  of  articles,  neces^ry  for  military 
purpises,  at  a  reasonable  compensation. 

Mr.  Sprei:)  submitted  the  following  resolution;  which,  on  mo- 
tion of  Mr.  Gaknett,  was  laid  upon  the  table: 

Resiilrcd,  That  the  Committee  on  Finance  be  instructed  to  inquire  into  the  ex- 
pedieniv  of  authorizing  the  banks  of  discount  and  issue  of  this  .State,  to  invest 
such  portion  of  their  capital  stock  as  lliey  may  deem  proper,  in  tlie  bonds  of  this 
Commonwealth,  and  of  the  Confederate  tStates  of  America. 

The  Presipent  appointed  James  H.  Christian,  page,  to  fill 
the  vacancy  occasioned   by  the  resignation  of  Edward  S.  Gav. 
On  motion  of  Mr.  Fisher,  the  Convention  adjourned. 


JOUnXAL  OF  TUE  CONVENTION.  333 

Monday,  November  18,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Levuuun,  of  the  Presbyterian  Church. 

Mr.  William  G.  Brown,  from  the  county  of  Prince  William, 
elected  to  fill  the  vacancy  occasioned  by  the  resignation  of  Mr. 
Eppa  Hunton,  appeared  and  took  his  seat. 

The  President  announced  the  following  committee  under 
the  resolution  submitted  by  Mr.  Randolph,  of  the  City  of 
Richmond:  Messrs.  Randolph  of  Richmond  City,  Brent,  Scott 
of  Fauqnier,  Hendren,  Johnsloii,  Chambhss  and  Goode. 

Mr.  Havmond,  from  the  Committee  on  Elections,  presented  a 
report,  which  was  laid  npon  the  table,  and  ordered  to  be  printed. 
[Doc.  No.  XXXIV.] 

On  motion  of  Mr.  Kilby,  the  following  resolution  was  adopted: 

Resoked,  That  the  Clerk  of  this  Convention  have  printed  for  the  use  of  the 
Convention  the  usual  number  of  copies  of  the  present  State  Constitution. 

On  motion  of  I\Ir.  Tyler,  the  Convention  went  into  secret 
session. 

After  some  time  passed  in  secret  session  the  doors  were  again 
opened. 

Mr.  Sea  well  submitted  the  following  resolution,  which  was 
laid  upon  the  table,  and  ordered  to  be  printed: 

Resolved,  That  the  committee  appointed  to  report  amendments  to  the  Constitu- 
tion, be  directed  to  teport  alternate  sections  in  lieu  of  the  1st  section  of  article 
1  of  the  report  made  by  said  committee  on  the  19th  of  June,  1861.  The  one 
basing  the  rigiit  of  suflrage  on  some  interest  in  real  estate,  and  the  other  on  the 
basis  of  their  said  report,  to  be  submitted  to  the  voters  of  the  State  for  their 
adoption  or  rejection. 

On  motion  of  Mr.  Caperton,  the  President  of  the  Conven- 
tion was  ordered  to  issne  his  proclamtition  for  the  election  of  a 
delegate  tor  the  county  of  Monroe,  to  fill  the  vacancy  occasioned 
by  the  resignation  of  Mr.  John  Echols,  late  delegate  from  that 
county. 

Mr.  Dorm  AN  submitted  the  following  resolution,  which  was 
laid  npon  the  table,  and  ordered  to  be  printed: 

Resolved,  That  the  Committee  on  Constitutional  Amendments  be  instructed  to 
inquire  into  the  expediency  of  such  an  amendment  to  article  4,  section  19,  as 
will  render  that  section  operative  by  making  it  the  express  duty  of  the  Legisla- 
ture to  prescribe  regulations  for  reducing  emancipated  negroes  to  slavery. 

The  resolntion  submitted  by  Mr.  Garnett,  on  Saturday  last, 
was  thou  taken  up. 

Mr.  Turner,  of  Jackson  and   Roane,  moved   to  amend,  by 


334  JOURNAL  OF  THE  CONVENTION. 

Striking  out  ^'10^  o'clock,"  and  inserting  "eleven;^^  and  the 
question  being  ])Ut,  was  decided  in  the  negative. 

The  resohition  was  then  adopted. 

Mr.  Randolph,  of  Albemarle,  announced  the  death  of  Mr. 
Valentine  W.  Southall,  late  delegate  from  that  county,  and 
submitted  the  following  resolutions,  which  were  unanimously 
adopted: 

1.  Resolved,  That  this  Convention  lament,  most  deeply,  the  death  of  Valentine 
W.  Southall,  late  a  member  of  this  body  from  the  county  of  Albemarle,  as  a 
testimonial  of  his  worth  and  in  respect  for  his  memory,  the  members  thereof  will 
wear  the  usual  badges  of  mournin;^  for  thirty  days. 

2.  Resolved,  That  the  condolence  of  this  Convention  be  expressed  to  his  be- 
reaved wife  on  this  occasion  of  her  distressing  affliction. 

On  motion  of  Mr.  Randolph,  of  Albemarle,  the  Convention 
adjourned. 


elOUItNAL    OF   THE    CONVKNTION.  Jl'J^ 


Tlesday,  November  I'J,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 
Prayer  by  the  Rev.  Dr.  Reed,  of  the  Presbyterian  Church. 
On   motion  of   Mr.    Branch,  the    following   resolution   was 
adopted: 

Resolved,  Tliat  the  Committee  on  Military  Affairs  inquire  into  the  expediency 
of  providing,  by  ordinance,  that  the  coniniissions  of  field  otficers  appointed  in 
pnrsuanee  of  tlic  ordinanre  of  April,  1?^G1,  shall  expire  whenever  the  regiments 
to  which  they  are  assigned  shall  he  dishanded  by  tlie  expiration  of  the  terms  of 
service  of  the  companies  composing  their  commands. 

On  motion  of  Mr.  Branch,  tlie  Committee  on  Military  Affairs 
was  enlarged  by  the  addition  of  three  members. 

The  IVesident  annouiKed  the  following  members  on  said 
Committee:  Messrs   Campbell,  Branch  and  Dorman. 

The  Presipknt  presented  a  communication  from  the  Execu- 
tive of  the  Commonwealth  transmitting  the  nominations  of  J. 
E.  B.  Stuart,  .Tohn  B.  Baldwin,  Beverlv  H.  Robertson,  .lohn 
McCausland,  Francis  H.  Smith,  Rob't  C.'Trigg,  Wm.  H.  Har- 
man,  George  W.  l?andolph,  Chas.  W.  F'ield,  Francis  Mallory, 
S.  H.  Reynolds,  William  D.  Stuart,  Wm.  R.  Terry,  Lewis  A. 
Armistead,  Edmund  Goode,  William  E.  Jones,  .lohn  Echols, 
Harrison  B.  Toinliii  and  Armistead  T.  M.  Rust  as  Colonels  of 
Volunteers  for  confirmation,  which  was  laid  upon  the  table. 

On  motion  of  Mr.  Morris,  the  Convention  went  into  secret 
session. 

After  some  time  passed  in  secret  session  the  doors  were  again 
opened. 

Mr.  Randolph,  of  the  City  of  Richmond,  from  the  Commit- 
tee "to  provide  for  the  reorganization  of  the  militia,"  presented 
an  ordinance,  which,  under  the  rule,  was  laid  upon  the  table, 
and  ordered  to  be  printed. 

On  motion  of  Mr.  Conrad,  of  Frederick,  the  Convention 
then  proceeded  to  fill  the  vacancy  in  the  Provisional  Congress  of 
the  Confederate  States,  occasioned  by  the  resignation  of  James 
M.  Mason. 

Mr.  Conrad  nominated  A.  R.  Boteler,  of  the  county  of  Jef- 
ferson. 

No  other  nomination  being  made,  the  question  was  put  and 
Mr.  Boteler  was  declared  duly  elected. 

Tfie  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  (being  the  consideration  of  the  report  of  the  committee  on 
amendments  to  the  Constitution,)  Mr.  Haymond  moved  ''that 


.*5IJ0  .foI'IlxVAL    OF    illE    CONVENTION. 

it  be  rononimitlod  \o  the  rf.inniittee,  and  the  question  being  put, 
it  was  (lc('id(,'<l  in  the  negative. 

The  kSECHKTARY  then  proc(.eded  to  read  the  report,  and  ar- 
ticles 1  and  2  were  adopted. 

Mr.  Shkfkey  moved  to  ainPnS  the  1st  section  of  article  3, 
by  striking  out  all  after  the  word  "election,"  in  the  4ih  line,  to 
the  word  "and,"  in  tin*  Kth  line;  pending  wliieh,  Mr.  Hai.l,  of 
Wetzel,  moved  to  '<j)ass  hy"  tlie  order  of  the  day,  and  the  ques- 
tion being  j)Ut,  was  d(!<-ided  in  the  allirmative. 

On  motion  of  Mr.  Hall,  of  Witzel,  the  report  of  the  "  Com- 
mittee on  Elections"  was  then  taken  uj). 

That  part  of  the  report  whieh  relers  to  the  election  of  John  N. 
Ilendren.of  the  eoiitity  "I  Aiigu>ta;  WMIiam  (I.  IJrawner,  of 
the  county  of  l*rince  William;  John  l{.^i>ung,ol"  the  county  of 
Hem  ICO ;  iiiid  Thus.  J.  Randolph,  of  the  county  of  Albemarle, 
to  till  vacancies  in  their  re.->|)ective  counties,  was  adopted. 

The  question  then  recurred  u\mm\  that  part  of  the  re|)ort  which 
referred  to  the  election  of  Jacob  W.  .Marshall,  of  the  counties  of 
Randolph  and  'i'ncker,  to  till  the  vacancy  occaMoned  by  the 
death  o|  J«thn  N.  Hughes,  and  to  the  i(\solution  in  n-lalion  to  the 
admission  ol  memlters  to  fill  vacancies  occas.ioned  by  expulsions 
from  the  Convention. 

Mr.  BiiooKi;  Miluiiitted  the  f'ljdwing  subsliliile,  by  way  of 
amendment: 

*'  Whereas,  l>y  reason  nt"  tlic  pi-e!«ei>re  of  tin-  piildie  enfmy  nrid  oilier  raunes, 
it  lia>N  been  rendered  nnpu»>silile  tor  llie  loyal  nlizens  of  Uie  eoijntiet«  ul  Uliiu, 
&c.,  ^1-.,  lo  (ill  Uie  vaeaneieM  in  Uii^  Cunvenlion  created  by  llie  evpuision  ut' 
their  n-speetivc  deleRalex;  thenlore, 

'^  Hisolml,  That  llll^  ('onvenlion  will  nowr  proceed  to  the  elertion  of  delesjatei 
from  said  several  counties  to  supply  ?aid  »aeaiieies." 

Mr.  Stuaut  submitted  the  f  illowiiig,  as  an  amendment  to  the 
amendment,  and  the  (juestion  being  put,  was  decided  in  the  af- 
lirmative — yeas  79;  iiiies  'JO. 

"  Whereas,  varancies  have  omirred  in  the  representation  of  the  counties  of 
Ohio,  Urooke,  Mai&hail,  Marion,  Monongalia,  Tresioii,  Taylor,  Harrison  and 
Wood,  by  the  expulsion  of  the  late  delegate*  Irunj  the  said  counties,  and  in  the 
countub  of  Randolph  and  Tucker  by  the  death  of  John  N.  Hughes,  late  delegate 
from  those  counties;  and, 

"  Whereas,  those  vacancies  couid  not  be  filled  in  the  mode  prescribed  by  law, 
in  consequence  of  the  occupation  of  said  counties  by  the  public  enemy;  and, 

"  Whereas,  the  Governor,  in  order  to  provide  for  the  exij^ency,  issued  a  pro- 
clamation ^advisory  in  its  character)  inviting  the  loyal  citizens  of  thos^e  countien 
to  vote  III  their  respective  camps  for  delegates  to  fill  those  vacancies.  Lnder  which 
proclamation,  elections  were  accordingly  held  in  the  several  camps.  At  which 
elections,  Josefih  H.  Pendleton  was  chosen  representative  for  the  county  of  Oliio; 
Joseph  D.  Pickett,  for  the  county  of  Brooke;  Jederson  T  Martin,  for  the  county 
of  .Marshall;  Stephen  A.  Morgan,  for  the  county  of  .Marion:  Jonathan  M.  Heck, 
for  the  county  oi  Monongalia;  Robert  E.  Cowan  and  C.  J.  P.  Cresap,  for  the 
county  of  Preston;  John  A.  Robinson,  for  the  county  of  Taylor,  and  William  P. 
Cooper,  for  the  county  of  Harrison;  Kdward  U.  McGuire,  for  the  county  of 
Wood,  and  Jacob  W.  Marshall,  lor  the  counties  of  Randolph  and  Tucker. 


Journal  of  thf  convention'. 


:^:v 


"Be  it,  therefore,  ordained,  TJiat  said  elections  be,  and  the  same  are  hereby 
ratified,  and  the  said  Jos.  H.  Pendleton.  Joseph  D.  Piciiett,  Jefl'crson  T.  Martin, 
Jf.naltian  .M.  Herk,  Robert  E.  Cowan,  C.  J.  P.  Cresap,  Stephen  A.  Morgan,  John 
A.  Robinson,  William  P.  Cooper,  Kdward  D.  IMcGuire  and  Jacob  W.  Marshal), 
are  hereby  adniiUed  to  seats  in  this  Convention." 

On  motion  of  Mr.  H.\rvie,  the  vote  was  recorded  as  fI:)llows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.  It.  Monx^gne  ( Prest )  Messrs. 
William  B.  Aston, 
James  linrbnnr, 
(Jporge  Baylor, 
George  W.  Bf^rlin, 
Angus  11.  Blakey, 
James  Boisseau, 
William  W.  Boyd, 
Thomas  Brancli, 
William  G.  Brawner, 
George  W.  Brent, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  (ya|ierton, 
Jolin  A.  Carter, 
John  R   Chamhliss, 
Samuel  A.  Coifman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Jatnes  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
Williani  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flonrnoy, 
Napoleon  B.  French, 
Colbert  C.  Ftigate, 
Sanmel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Alphens  F.  Haymond, 


John  N.  Hendren, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilhy, 
Paul  McNeil," 
Charles  K.  Mallory, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Homy  H.  Masters, 
Fleuiing  B.  Miller, 
Horatio  G.  MolTett, 
Jeremiah  Morton, 
.Samuel  ^IcD.  Moore, 
Huijh  M.  Nelson, 
William  C.  Parks, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
John  T.  Seawell, 
James  W.  ShefFey, 
Thoinos  Sitlington, 
Biirwell  Spurlock, 
Samuel  G.  Staples, 
A\ex.  U.  II.  Stuart, 
James  M.  Sirange, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
W^illiam  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Samuel  Woods, 
Benj'n  F.Wysor— 79. 


338  JOURNAL  OF  THE  CONVENTION. 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  Wilham  M.  Ambler,      Messrs.  John  Janney, 

Edw'd  M.  Armstrong,  John  J.  Kindred, 

George  Blow,  Jr.  Walter  13.  Leake, 

Wood  Bonldin,  Wilham  H.  Macfarland, 

James  V.  Brooke,  Janes  B.  Mallory, 

William  W.  Forbes,  Edmnnd  T.  Morris, 

Muscoe  R.  H.Garnett,  William  J.  Neblett, 

liCwis  E.  llarvie,  Samnel  Price, 

James  P.  Holcombe,  John  M.  Speed, 

Lewis  D.  Isbcll,  John  B.  Young— 20. 

The  report  of  the  Committee,  as  amended,  was  then  adopted. 

The  President  presented  the  fitjlowing  connnnnication  from 
Mr.  Morton,  of  the  connties  of  Orange  and  Greene,  resigning 
his  seat  as  a  member  of  this  Convention: 

Robert  L.  Montagvk,  President  of  the  Conrention: 

Sir, — Private  business  compels  tne  to  vi^it  the  South  for  a  few  weeks,  perhaps 
longer.  1  hereby  resitjn  my  seat  in  this  bony  ttiat  my  ronstituenls  may  eloalhe 
another  with  tlie  high  trust  they  confided  to  me.  1  ask  that  a  writ  of  election 
may  issue. 

JEREMIAH  MORTON. 

On  motion  of  Mr.  Blakkv,  the  President  was  ordered  to  issue 
his  proclamation  for  the  election  of  a  delegate  for  the  counties  of 
Orange  and  Greene  to  fill  the  vacancy  occasioned  by  the  resig- 
nation of  Jeremiah  Morton,  late  delegate  from  that  county. 

Mr.  Woods,  of  the  county  of  Barbour,  announced  the  death 
of  John  N.  Hughes,  late  delegate  Irom  the  counties  of  Randolph 
and  Tucker,  and  submitted  the  following  resolutions  which  were 
unanimously  adopted: 

Resolved,  That  this  Convention  has  heard,  with  feelings  of  deep  sorrow,  of  the 
death  of  Mr.  John  N.  Hughs,  the  late  representative  from  the  counties  of  Ran- 
dolph and  Tucker,  while  engaged  in  the  defence  of  his  country  during  the  battle 
on  Rich  Mountain,  on  the  lllh  of  July  last. 

Resolved,  That  we  tender  our  heartfelt  sympathies  to  the  widow  and  the  orphan 
children  of  our  departed  fellow  member  and  friend;  and  that  in  memory  of  his 
worth,  we  will  wear  the  usual  badge  of  mourning  for  thirty  days. 

On  motion  of  Mr.  Woods  the  Convention  adjourned. 


JOURXAL  OF  THE  CONVENTION.  339 


Wednesday,  November  20,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Dr.  Hoge,  of  the  Presbyterian  Church. 

Messrs.  Jos.  H.  Pendleton,  ci*  the  cnunty  of  Ohio;  Jotfersoil 
T.  Martin,  of  the  county  of  Marshall;  Stephen  A.  Morgan,  of 
the  cou?ity  of  Marion;  Jonathan  M.  Heck,  (^f  the  county  of  Mo- 
non£;alia;  Robert  E.  Cowan  and  C,  J.  P.  Cresap,  of  the  county 
of  Preston;  Wni.  P.  Cooper,  of  the  county  of  Harrison;  Edw'd 
D., McGuu'e,  of  tlie  connty  of  Wood;  and  Jacob  W.  jMarshall, 
of  the  counties  of  Randolph  and  Tucker,  appeared  and  took 
their  seats. 

On  motion  of  JMr.  Scott,  of  Fauquier,  it  was  osdcred  that 
the  communication  of  the  Executive  in  relation  to  the  defences 
of  the  State,  presented  at  the  last  session  of  this  Conventicm, 
and  the  comnuinicatioii  on  the  same  subject,  presented  on  Tues- 
day, the  7th  day  of  this  session,  be  printed.  [Docs.  Nos. 
XXXV.  and  XXXVI] 

On  motion  of  Mr.  Blow,  the  following  resolution,  submitted 
by  him  on  Saturday,  the  lOth  iust.,  was  taken  up,  and  adopted: 

Resolved,  That  the  Committee  on  Finance  inquire  into  the  expediency  of  pro- 
viding, by  law,  for  tiie  settlement  of  the  claims  of  such  adjutants  of  regiments 
as  were  appointed  under  the  provisions  of  an  ordinance  of  tliis  Convention, 
passed  on  the  27th  day  of  June,  ]ti6l,  and  report  by  ordinance  or  otherwise. 

On  motion  of  Mr.  Speed,  the  following  resolution,  submitted 
by  him  on  Saturday,  the  10th  inst.,  was  taken  up,  and  adopted: 

Rcaolvcd,  That  ihc  Committee  of  Finance  be  instructed  to  inquire  into  the  ex- 
pediency of  authorij.ing  the  banks  of  discount  and  issue  of  this  State  to  invest 
stich  portion  of  tlieir  capital  stock  as  they  may  deem  proper,  in  ihebonds  of  this 
Commonwealth  and  of  the  Confederate  States  of  America. 

]Mr.  Marve  presented  a  petition  from  the  Mayor  and  Council 
of  the  town  of  Fredericksburg,  on  the  subject  of  the  issue  of 
small  notes,  wliicli  was  ordered  to  be  referred  to  the  Committee 
of  Finance. 

On  motion  of  Mr.  H.wmond,  the  '^^  Committee  on  Mibtary  Af- 
fairs" was  enlarged,  by  the  addition  of  one  member. 

The  PKE.^n)ENT  then  aiuiounced  tlie  following  member  on  said 
committee:  Mr.  Slaughter. 

Mr.  CiiAMBLiss  submitted  an  ordinance  to  amend  '^an  ordi- 
nance for  the  apportionment  of  representation  in  the  Congress  of 
the  Confederate  States,"  v.'hich  (the  rules  being  suspended)  was 
adopted. 

The  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  the  consideration  of  the  report  of  the  ''Conmiittee  on 
Amendments  to  the  Constitution,"  was  resumed. 

The  question  being  on  the  amendment  to  1st  section  of  Art. 
1 


340 


JOURNAL  OF  THE  CONVENTION". 


III.,  offered  by  Mr.  Shefpey,  on  yesterday-;  was  put  and  decided 

in  the  affirmative — yeas  75;  noes  33, 

On  motion  of  Mr.  Sheffey,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  B,  Aston^ 
James  Barbour, 
George  Baylor, 
Angus  R,  Blakey, 
George  Blov/,  Jr. 
James  Boissean, 
Peter  B.  Borst, 
William  G.  Brawner, 
George  W.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
.Tohn  A.  Carter, 
John  11.  Charnbliss, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
W.  P.  Cooper, 
R.  E.  Cowan, 
John  Critcher, 
W.  H.  B.  Cusiis, 
Harvey  Oeskins, 
James  B.  Dorman, 
William  H.  Dulany, 
"^rhomas  8.  Flonrnoy, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
Samuel  L.  Grahanj, 
Algernon  S.  Gray, 
William  L.  Goggin, 
.lohn  Goode,  Jr. 
F.  L.  Hale, 
Cyrus  Hall, 
L.  S.  Hall, 

Alpheus  F.  Haymond, 
J.  M.  Heck, 
James  P.  Holcombe, 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  R.L.  Montague ("Pr'^^j  Messrs.  Miers  W.  Fisher, 
William  M.  Ambler,  H.  L.  Gillespie, 


Messrs.  Lewis  D.  Isbell, 

Peter  C.  Johnston, 
Robert  C.  Kenf, 
John  J.  Kindred, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
Jacob  W.  Marshall, 
J.  T.  Martin, 
Henry  H.  Musters, 
Fleming  B.  Miller, 
E.  D.  McGnire, 
S.  A.  Morgan, 
William  J.  Neblctt, 
^Villiam  C.  Parks, 
Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Timothy  Rives, 
Robert  E.  Scott, 
JohnT.  Seawell, 
John  I).  Sharp, 
James  W.  Shcffey, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
Samel  G.  Staples, 
James  M.  Strange, 
William  T.  SutherUn, 
George  P.  Tayloe, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
,  Sanuiel  C.  Williams, 

Samuel  Woods, 
Benj'n  F.  Wysor — 75. 


JOURXAL  or  THE  COXTEXTIOX.  341 

Messrs.  Edward  M.  Armstrong,  John  L.  Marye,  Sr. 

Georije  W    Berlin,  Horatio  G.  Moffett, 

AJood  Bonldin  Ed.mind  T.  Morris, 

Willliam  W.  Boyd,  Samuel  McD.  Moore, 

Thomas  Branch,  liu^Ii  m.  Aelson, 

Kobert  Y.  Conrad,  Sanuiel  Price, 

James  H.  Cox,  David  Pngh, 

Peyton  Gravely,  Peter  Saunders,  Sr. 

Addison  Hall  Alex.  H.  H.  Stuart, 

John  ^.  Hendren,  William  M.  Tredway, 

John  .Tanney,  Edward  Waller, 

John  R.  Kilhy,  AVilliam  White, 

James  B.  Mallory,  Robert  H.  Whitfield, 

James  Marshall,  John  B.  Young_33. 
Messrs.  Thomas  Maslin, 

Mr.  Moffett  moved  to  strike  out  ^^ service,"  in  the  16th  line 
and  nisert^M-egidararmy  or  navyj"  and  the  question  being  put! 
It  was  decided  in  the  aflirmative. 

Mr.  Havmond  moved  to  strike  out  "twelve,"  in  the  4th  line, 
and  insert  "six,"  and  the  question  being  put,  it  was  decided  in 
the  negative. 

Mr  Treduav  moved  to  further  amend  this  section,  by  adding 
tnereto  the  following: 

"Nor  shall  any  person,  not  a  citizen  of  some  one  of  the  Confederate  States 
at  the  conclusion  of  the  present  war,  be  entitled   to  vote,  in  any  election   until 
he  shall  have  been  a  citizen  of  the  Confederate  States  for    wenty^one  years   and 
shall  have  acquired  an  interest  in  real  estate  or  slaves."  ^  ^        ' 

Mr  WvsoR  submitted  the  following  amendment  to  the  pro" 
by^Mr  TrTdIvTv-^'  ^^  ''^''^  °^  substitute,  which  was  accepted 

hni?!'  ''"^'  '''''^^"  naturalized  after  the  close  of  the  present  war,  unless  he  shall 
have  been  so  naturalized  twenty-one  years  before  he  shall  offer  [o  vote!" 

sub!^"  "^"^t'^^^'  submitted  the  following  amendment,  by  way  of 

anv  ?f  iTp°r 'I'r  H  ''^'f '  l^^  *^^°'^  °^  *''"  ^'^'^t'"?  ^^'•'  become  a  citizen  of  this  or 
anj  of  the  Conlcderale  States  under  any  naturalization  law,  unless  such  citizen 
s^ial  have  served  in  the  Confederate  States  during  the  exi^  n Avar  n  a  civ  1  or 
miiuary  capacity,  and  in  the  latter  case,  shall  ha^'ve  been  Srabi;  discharged' 

14^''^  question  being  put,  it  Avas  decided  in  the  negative-yeas 

On  motion  of  Mr.  Haymond,  the  vote  was  recorded  as  follows: 
liie  names  of  those  who  voted  in  the  affirmative  are- 
Messrs.  William  M.  Ambler,       Messrs.  James  V.  Brooke, 

James  Barbour,  J3enjamin  W.  Byrne, 

Angus  R.  Blakey,  William  H.  Dulany/ 


342 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  Miers  W.  Fisher, 

Napoleon  B.  French; 
John  Janney, 
Paul  McNeil, 


Messrs.  Hugh  M.  Nelson, 

Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  T.  Seawell— 14. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  R.  L.  Montague,  {Prest)  Messrs. 
Edw'd  M,  Armstrong, 
William  B.  Aston, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Brost, 
Wood  Bouldin, 
William  VV.  Boyd, 
Thomas  Branch, 
William  G.  Brawner, 
George  VV.  Brent, 
John  A.  Campbell, 
Allen  T.  Caperton, 
.lohn  A.  Carter, 
John  R.  Chambliss, 
Samuel  A.  Cotfman, 
C.  B.  Conrad,. 
Robert  Y.  Conrad, 
Robert  E.  Cowan, 
W^illiam  P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
John  Critcher, 
W.  H.  B.  Cnstis, 
Harvey  Deskins, 
James  B.  Dorman, 
Thomas  S.  Flonrnoy, 
AVilliam  W.  Forbes, 
Colbert  C.  Frigate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  Jj.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
F.  L.  Hale, 
Addison  Hall, 


Cyrus  Hall, 
Jonathan  M.  Heck, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 
John  N.  Hendren, 
James  P.  Holcombe, 
J.  G.  Holladay, 
Lewis  D.  Isbell, 
Peter  C.  Johnston, 
Robert  C,  Kent, 
.rohn  R.  Kilby, 
John  J.  Kindred, 
Walter  D.  Leake, 
Edward  I).  McGtiire, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
Jacob  VV.  Marshall, 
James  Marshall, 
Jefferson  T.  Martin, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pngh, 
George  VV^  Randolph, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
James  VV.  Sheifey, 


JOURNAL  OF  THE  CONVENTION. 


343 


Messrs.  Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Siaples, 
Alex.  H.  H.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
Kohert  H.  Turner, 


Messrs.  FrankUn  P.  Turner, 
John  Tyler, 
Kdward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Samuel  C.  Williams, 
Samuel  Woods, 
Benjamin  F.  Wysor, 
John  B.  Young— 98. 


Mr.  Branch  moved  to  amend  the  amendment,  by  striking  out 
'^twenty-one,"  and  inserting  "fourteen." 

Mr.  Price  called  for  a  division  of  the  question,  and  being  on 
"striking  out,"  was  put,  and  decided  in  the  affirmative. 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Branch;  and  being  put,  it  was  decided  in  the  negative — yeas  39j 
noes  73. 

On  motion  of  Mr.  Blakey,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.  L.  Montague  fPres^j  Messrs. 
William  B.  Aston, 
Angus  R.  Bliikey, 
AVood  Bouldin, 
Thomas  Branch, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
John  R.  Chambliss, 
Robert  Y.  Conrad, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flonrnoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  L.  Graham, 
Peyton  Gravely, 
F.  L.  Hale, 
Peter  C.  Johnston, 
Paul  McNeil, 


William  H.  Macfarland, 
Charles  K.  Mallory, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Edmund  T.  Morris, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
William  U.  Parks, 
David  Pugh, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  T.  Seawell, 
James  W.  Sheffey, 
John  M.  Speed, 
Samuel  G.  Staples, 
William  M.  Tredway, 
Samuel  C.  Williams, 
Benj.  F.  Wysor— 39. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  William  M.  Ambler,       Messrs.  George  Blow,  Jr. 
Edward  M.Armstrong,  James  Boisseau, 

James  Bat  hour,  Peter  B.  Borst, 

George  Baylor,  William  W.  Boyd, 

George  W.  Berlin,  William  G.  Brawner; 


344 


JOURNAL  OF  THE  COXTEXTIOX. 


Messrs.  George  W.  Brent, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carler, 
Samuel  A  Coffman, 
C.  B.  Conrad, 
William  P.  Cooper, 
Robert  E.  Cowan, 
James  H.  Cox, 
C.  J.  P    Cresap, 
John  C  rite  her, 
W.  H.  B.  Cnstis, 
Harvey  Desk  ins, 
James  B.  Dorman, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Algernon  8.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
Alphues  F.  Haymond, 
John  N.  Hendren, 
Jonathan  M.  Heck, 
James  P.  Holcombe, 
J.  G.  Holladay, 
Lewis  D.  Is  bell, 
John  Janney, 
Robert  C.  Kent, 
John  R.  Kilby, 

Mr.  Brooke  moved  to  fill  the  blank  with  the  word  '^ten," 
and  the  question  being  put,  was  decided  in  the  negative — yeas 
60;  noes  59. 

On  motion  of  Mr.  Woods,  the  vote  was  recorded  as  follows: 
The  names  of  those  Avho  voted  in  the  affirmative  are — 

Messrs.  R.L.  Montague  (^Pre^^j  Messrs.  Benjamin  W.  Byrne, 

William  M.  Ambler,  John  R.  Chambliss, 

AViliiam  B.  Aston,  Robert  Y.  Conrad, 

George  W,  Berlin,  William  H.  Dulany, 

Angus  R.  Blakey,  Miers  W.  Fisher. 

Peter  B,  Borst,  Thomas  S.  Flournoy, 

Wood  Bouldin,  William  W.  Forbs, 

Thomas  Branch,  Napoleon  B.  French, 

James  V.  Brooke,  Colbert  C.  Fugate, 


Messrs.  John  J.  Kindred, 
Walter  D.  Leake, 
Edward  D.  McGuire, 
James  B.  Mallory, 
Jacob  W.  Marshall, 
James  Marshall, 
Jefferson  T.  Martin, 
Henry  H.  Masters, 
Horatio  G.  Moffett, 
Stephen  A.  Morgan, 
Sanuiel  McD.  Mcore, 
Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
George  VV.  Randolph, 
Tmiothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Burwell  Spurlock, 
Alex.  H.  H.  Smart, 
George  P.  Tayloe, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tvler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Sanniel  Woods, 
John  B.  Young — 73. 


JOURXAL  OF  THE  COXVEXTION". 


345 


Messrs.  H.  L.  Gillespie, 

Samuel  L.  Graham, 
Peyton  Gravely, 
F.  L.  Hale, 
Lewis  E.  Harvic, 
licwis  D.  Isbell, 
Peter  C,  Johnston, 
John  J.  Kindred, 
Paul  McNeil, 
William  H.  Macfarland, 
(Jharles  K.  Mallory, 
John  L.  Maiye,  Sr. 
Thomas  Mashn, 
Fleming  B.  Miller, 
Horatio  G.  Moflett, 
Edmund  T.  Morris, 


Messrs.  William  J.  Neblett, 
Hugh  M.  Nelson, 
William  C.  Parks, 
David  Pngh, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
.John  T.  Seawell, 
.Tames  W.  Shelfey, 
John  M.  Speed, 
i3ur\vell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Smart, 
William  M.  Tredway, 
Robert  H.  Turner, 
Robert  H.  Whitfield, 
Benj.  F.  Wysor— 50. 


The  names  of  those  who  voted  in  the  negative  are  — 
Messrs.  Edward  M.  Armstrong,Messrs.  J.  G.  Holladay, 


James  13arbour_ 
George  Baylor, 
James  Boisseau, 
William  W.  Boyd, 
William  G.  Brawner, 
George  W.  Brent, 
John  A   Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  E.  Cowan, 
William  P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresop, 
John  Critcher, 
W.  n.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
Samuel  M.  Garland, 
Alg'^rnon  S.  Grey, 
AVilliam  L.  Goggin, 
Jolin  Goode,  Jr., 
Addison  Hall, 
Cyrus  H:ill, 
L.  S.  Hall, 

Alphens  F.  Hayinond. 
John  N.  Hendrcn, 
Jonathan  M.  Heck, 


John  Jannev, 
Robert  C.  Kent, 
John  R.  Kilby, 
Walter  D.  Leake, 
Edward  D.  iMcGuire, 
James  13.  Mallory, 
Jacob  W.  Marshall, 
James  Marshall, 
Jctforson  T.  Martin, 
Henry  H.  Masters, 
Stephen  A.  Moi-gan,^ 
Samuel  McD.  Moore, 
Jose[)ii  H,  Pendleton, 
^Ym.  Ballard  Preston, 
Samuel  Price, 
(^eorge  W.  Randolph. 
Timothy  Rives, 
Robert  E,  Scott, 
John  D.  Sharp, 
Thomas  Sillington, 
Charles  R.  Slaughter, 
(loorgp  P.  Tayloe, 
Franklin  P.  Turner, 
John  l\vlor, 
Edward  Vv'aller, 
William  While, 
Sauniel  Woods, 
John  B.  "ioung — 59, 


346 


JOTJUNAL   OF   THE   COIT^ENTIOIT. 


The  question  recurred  upon  the  amendment  suhmitted  by  Mr. 

Wysor,  and  being  put,  was  decided  in  the  negative — yeas  53 j 

noes  56. 

On  motion  of  Mr.  Woods,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  afiirmative  are — 

Messrs.  R.L. Montague fPres^j Messrs.  Robert  C.  Kent 


William  M.  Ambler, 
William  B.  Aston, 
Angus  R.  Blakey, 
Peter  B.Borst, 
Wood  Bouldin, 
William  VV.  Boyd, 
Thomas  Branch, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
John  R.  Chamblis, 
Robert  Y.  Conrad, 
John  Critcher, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
F.  L.  Hale, 
Lewis  E.  Harvie, 
Lewis  D.  Isbell, 


John  J.  Kindred, 
Wra.  H.  Macfarland, 
Charlos  K.  Mall^ry, 
Jacob  W.  Marshall, 
.John  L.  Marye.Sr. 
Thomas  Maslin, 
Flemii-g  B.  Miller, 
Horatio  G.  Moflett, 
William  J.Neblett, 
Hugh  M.  Nelson, 
William  C-.  Parks, 
Samuel  Price, 
Flavid  Pugh, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  T.  Seawell, 
James  W.  ShefTey, 
John  M.  Speed, 
Bui'well  Spurlock, 
Samulo  G.  Staples, 
Alnx.  H.  H.  Stuart, 
William  M.  Tredway, 
Robert  H.  Turner, 
Robert  H.  Whitfield, 
Benj'n  F.   Wysor — 53. 


Peter  C.  Johnston, 
The  names  of  those  who  voted  in  the  negative  are — 
Messrs.  E.  M.  Armstrong.  Messrs.  James  H.  Cox, 


James  Barbour, 
George  Bayler, 
George  Blow,  Jr. 
James  Boisseau, 
William  G.  Brawner, 
George  W.  Brent, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  E,  Cowan, 
William  P.  Cooper, 


C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dormau, 
Alger n(Ui  S   Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 

Alpheus   F.  Hayrnond; 
John  N.  Hendren. 
Jonathan  M.  Heck, 


JOURNAL  OF  THE  CONVENTION. 


U1 


Messrs.  James  F.  Helcombe, 
J.  G.  HoUaday, 
John  Janney, 
,  John  R.  Kilby, 
*  Walter  D.  Leake, 
Edward  D.  McGuire, 
James  B.  Mallory, 
James  Marshall, 
Jefferson  T.  Martin, 
Henry  H.  Masters, 
Edmund  T.  Morris, 
►Stephen  A.  Morgan, 
Samuel  McU.  Moore, 
Joseph  H.  Pendleton, 


Messrs.  Wm.  Ballard  Preston, 

^  Robert  E.  Scott, 

John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R,  Slaughter, 
George  P.  Tayloe, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Samuel  Woods, 
John  B.  Young — 56. 


Mr.  GoGGiN  moved  to  further  amend  the  section,  by  adding 
thereto  the  following: 

"Or  who,  on  the  conclusion  of  a  treaty  of  peace  between  the  United  States 
and  the  Confederate  States  of  America,  shall  then  be  a  citizen  ol  any  one  ot 
the  non-slaveholding;  States  of  the  said  United  States." 

The  question  being  put,  was  decided  in  the  negative— yeas 
35;  noes  73. 

On  motion  of  Mr.  Gogcix,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

John  Goode,  Jr. 
F.  L   Hale, 
Lewis  E.  Harvie, 
Lewis  I).  Isbell, 
Walter  D.  Leake, 
Edward  T).  McGuire, 
Paul  McNeil, 
Charles  K.  Mallory, 
Jefferson  T.  Martin, 
Edmund  T.  Morris, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  T.  Seawell, 
Samuel  G.  Staples, 
Wm.  M.  Tredway— 35. 


Messrs.  R.  L.  Montague  ( Prcst )  Messrs, 
William  M.  Ambler, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B    Borst, 
Thomas  Branch, 
John  R.  Chambliss, 
John  Critcher, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Forbes, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
William  L.  Goggin, 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Edw'd  M.  Armstrong, 
William  B.  Aston, 
'i 


Messrs.  James  Barbour, 
George  Baylor, 


348 


JOURNAL    OF   THE    CONVENTION. 


Messrs.  George  W.  Berlin, 

_  \Vond  HniilJin, 

William  W.  Boyd, 
Williciin  G.  Brawiier, 
George  W.  Brent, 
James  V.  Brooke, 
John  A.  Cambell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Samuel  A.  Coffmaii, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Rohert  I).  (Jowan , 
William  F.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
W.  H.  B.  Cnstis, 
Harvey  Deskins, 
Napoleon  B.  b'renrh, 
Sanmcl  M.  Gailand, 
Algernon  S   Gray, 
Addison  Hall, 
Cyrus  Hall, 
L".  S.  Hall, 

Alphens  F.  Haymond, 
John  N.  Hendreii, 
J.  M.Herk, 
James  P.  Holcornbe, 
J.  G.  HoUaday, 
John  Janney, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 


Messrs.  William  H.  Macfarland, 
James  B.  Mallofy, 
Jacob  W.  Marshall, 
I  Jaipes  Marshall,  , 

John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
Joseph  H.  ^^endleton, 
Win.  Ballartl  Preston , 
Samuel  Price, 
David  Pugh, 
George  W.  Kandol[)h, 
Timothy  Rives, 
Robert  E.  Scoit, 
JoBn  D.  Sharp, 
James  \V.  Sheffcy, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
AJex.  H.  H.  Stuart, 
George  P.  Tayloe, 
Robert  H.  Turner, 
Franklin  P.  'J'uruer, 
John  Tyler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Samnel  Woods, 
Benjamin  F.  Wysor, 
John  B.  Young — 73. 


The  President  presented  a  communication  from  the  Executive 
of  the  C<  nim(inwe;dth,  transmitting,  for  confirmation,  the  nomi- 
nation of  J)ahney  H  Maury  as  Colonel  of  Volunteers,  which 
was  laid  upon  the  table. 

On  motion  of  Mr.  Braxch,  the  Convention  adjourned. 


JOURIiAL   OF   THE   CONVENTION.  349 


• 


Thursday,  Nov.  21,  1861. 

The  Convciuion  assembled  at  10  o'clock,  A.  M. 

Prayer  by  tlie  Rev.  Dr.  Hoge,  of  the  Presbyterian  Church. 

On  motion  of  Mr.  Blakky,  secrecy  was  removed  from  that 
part  of  tlie  Governor's  Message,  presented  to  the  Convention  on 
Tuesday,  and  referred  to  a  special  committee  of  "five." 

On  motion  of  ftlr.  Coxrau,  of  Frederick,  the  following  reso- 
tion  was  adopted : 

Resolved,  Tliat  tlie  Governor  of  the  Commonwealth  be  requested  to  communi- 
cate to  the  Convention  the  results  of  the  inquiry  into  the  conduct  of  Col.  Porler- 
lield. 

On  motion  of  Mr.  Pendletox,  of  Ohio,  the  following  resolu- 
tion was  adopted: 

Rcfiolved,  That  the  Auditor  of  Public  Accounts  furnish  to  the  Convention  a  ta- 
ble showinj;  the  white  popuialion  of  each  county  in  the  State,  the  number  of 
white  male  inhabitants  above  tlie  age  of  21  years,  the  negro  population  of  each 
county,  and  a  statement  showing  the  value  of  property  in  each  county,  real 
and  personal. 

The  hour  having  arrived  for  the  consideration  of  the  order  of 
the  day,  the  consideration  of  the  report  of  the  committee  on 
'^\tnpndments  to  the  Constitution,"  was  resumed — the  unfin- 
isiied  business  being  1st  section,  Art.  III. 

Mr.  Hayaioxd  moved  to  further  amend  the  section  under  con- 
sideration, by  inserting  after  the  word  "Commonwealth"  in  the 
first  line,  "and  who  is  a  citizen  of  the  Confederate  States." 
Negative. 

Mr.  Woons  moved  to  further  amend  the  2d  section,  by  adding 
thereto  the  following: 

"  Or  who,  since  the  1st  day  of  August,  18G1,  shall  have  held  or  exercised  any 
office  or  trust  in  this  State  under  or  by  virtue  of  any  authority  derived  from  any 
Governments  other  than  the  State  of  Virginia,  or  who  have  taken  up  arms  against 
the  State  of  Virginia  or  the  Confederate  States." 

Mr.  Hall,  of  Wetzel,  moved  to  amend  the  proposed  amend- 
ment, by  striking  out  the  whole,  and  inserting  the  following: 

"And  the  General  Assembly  may  prohibit  all  persons  from  exercising  the  right 
of  suffrage  who  have  taken,  or  may  hereafter  take,  any  part  in  an  effort  to  estab- 
lish a  separate  Government  within  this  State,  or  who  holds  or  has,  since  the  1st 
day  of  August,  18G1 ,  accepted  any  ofl'er  of  honor  or  profit  under  the  Federal  Gov- 
ernment of  the  United  States." 

The  question  being  put,  was  decided  in  the  negative. 

The  question  then  recurred  upon  the  amendment  submitted  by 
Mr.  Woods,  and  the  question  being  put,  was  decided  in  the  nega- 
tive. 
1 


350 


JOURNAL   OP   THE    CONVENTIOIf. 


bv  add- 


Mr.  Nelson  moved  further  to  amend  the  1st  Sect^ 
ing  thereto  the  following: 

*«Or  who  has  not  been  a  naturalized  citizen  of  some  one  of  tl^TCon federate 
States  for  ten  years  next  preceding  the  election." 

Mr.  Brooke  moved  to  amend  the  proposed  amendment,  by- 
striking  out  the  whole,  and  inserting  the  following: 

"But  no  naturalized  citizen  of  the  State  who  shall  have  become  such  after  the 
termination  of  the  existing  war  shall  be  privileged  to  vote  until  he  sliali  have 
previously  resided  for  10  years  in  some  one  of  the  Confederate  States." 

Mr.  Wysor  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  adoption  of  the  amendment 
submitted  by  Mr.  Brooke,  was  put,  and  decided  in  the  negative — 
yeas  46;  nays  63. 

On  motion  of  Mr.  Woods,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.L.  Montague  fPrsVj  Messrs. 
Angus  R.  Blakey, 
Peter  R.  Borst, 
Wood  Bouldiii, 
Thomas  Branch, 
.Tames  \.  Brooke, 
Edward  11.  Chambers, 
John  R.  Chambliss, 
Raphael  M.  Conn, 
William  II.  Dulany, 
Miers  \V.  Fisher, 
Thomas  S.  Flournoy, 
AV'illiam  AV.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  L.  Graham, 
J^evton  Gravely, 
F.'L.  Hale, 
Lewis  E.  Harvie, 
liCwis  U.  Isbcll, 
.John  J.  Kindred, 
Paul  McIVeil, 
William  H.  Macfarland, 


Charles  K.  Malloiy, 
.Tames  Marshall, 
John  L.  JMarye,  Sr. 
Thomas  Maslin, 
Fleming  13.  Miller, 
Horatio  G.  Moftett, 
Ednmnd  T.  Morris, 
William  J.  Neblett, 
Hugh  JM.  Nelson, 
William  C.  Parks, 
David  Pugh, 
Thomas  J.  Randolph, 
James  VV.  Shetiey, 
John  M.  Speed, 
Samuel  G.  Staples, 
Alex.  II.  H.  Stuart, 
William  T.  Sutherlin, 
(loorge  P.  Tayloe, 
William  M.  Tredway, 
Robert  II.  Turner, 
Robert  H.W hi tfield, 
Samuel  C.  Williams, 
Benj.  F.  Wysor — 46. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  William  M.  Ambler,      Messrs.  James  Barbour, 
Edward  M.  Armstrong,  George  Baylor, 

William  B.  Aston,  George  W.  Berlin, 


JOURN'AL  OF  THE  CONTEN'TION. 


851 


Messrs.  Ge6rge  Blow,  Jr. 
Jara'es  Boissean, 
William  W.  Boyd, 
William  G.  Bra'wner, 
George  W.  Brent, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Samuel  A.  Cotfman, 
C,  B.  Conrad, 
Robert  Y.  Conrad, 
William, P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
W.  H.  B.  Cnstis, 
Harvey  Deskins, 
James  B.  Dorman, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr., 
Cyrus  Hall, 
L.  S.  Hall, 

Alphens  F.  Haymond, 
John  N.  Hendren, 
J.  M.  Heck, 
James  P.  Holcombe, 


Messrs.  J.  G.  Holladay, 
.Tohn  .Tanney, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
.Tohn  R.  Kilby, 
Walter  D.  Leake, 
Edward  D.  McGuire, 
James  B.  Mallory, 
J.  W.  Marshall, 
J.  T.  Martin, 
Henry  H.  Masters, 
Steplien  A.  Morgan, 
Samuel  McD.  Moore, 
Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Burwell  Spurlock, 
Franklin  P.Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Samuel  Woods, 
John  B.  Young— 63. 


Mr.  Tredway  moved  further  to  amend  the  amendment,  by 
strikmg  out  the  whole,  and  inserting  the  following: 

"Or  any  citizen  lierefter  naturalized  unless  he  shall  have  resided  in  the  Con- 

Mr.  Caperton  demanded  the  previous  question,  which  was  sus- 
tamed. 

The  main  question  being  upon  the  adoption  of  the  amendment 
proposed  by  Mr.  Tredway,  was  put  and  decided  in  the  negative— 
yeas  42  ;  noes  63.  ^ 

On  motion  of  Mr.  Tredway,  the  vote  was  recorded  as  fol- 
lows: 

The  names  of  those  who  voted  in  the  affirmative  are- 
Messrs.  R.  L.  Montague (^Pm^j  Messrs.  James  Boisseau, 
Wilham  B.  Aston,  Peter  B.  Borst, 

Angus  R,  Blakey,  Wood  Bouldin, 


352 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  Thomas  Branch, 

BenjaQiin  W.  Byrne, 
Edward  R.  Chambers, 
John  R.  Chambliss, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Wilham  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fiigate, 
Samuel  L.  Graham, 
Peyton  Gravely, 
F.  L.  Hale, 
Lewis  E.  Harvie, 
Lewis  D.  Isbell, 
John  J.  Kindred, 
Paul  McNeil, 
Charles  K.  Mallory, 


Messrs.  John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B,  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
William  C.  Parks, 
David  Pugli, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  M.  Speed, 
Samuel  G.  Staples, 
William  T.  Sutherlin, 
William  M.  Tredway, 
Robert  H.  Turner, 
Robert  H.  Whitfield, 
Benj.  F.  Wysor— 42. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Edw'd  M.Armstrong, 
James  Barbour, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
William  W.  Boyd, 
George  W.  Brent, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Samuel  A.  Coftman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
William  P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 
Addison  Hall, 


Messrs.  Cyrus  Hall, 
L.  S.  Hall, 

Alpheus  F.  Hayniond, 
John  N.  Hendren, 
J.  x\I.  Heck, 
James  P.  Holcombe, 
J.  G.  Holladay, 
John  Janney, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  R.  Kilby, 
Walter  D.  Leake, 
Edward  D.  McGuire, 
James  B.  Mallory, 
J.  W.  Marshall, 
James  Marshall, 
J.  T.  Martin, 
Henry  H.  Masters, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
Joseph  H.  Pendleton, 
Samuel  Price, 
George  W.  Randolph, 
Timothy  Rives, 
Robert  E.  Scott, 
John  D,  Sharp, 


JOURNAL  OF  THE  COXYEXTION. 


353 


Messrs.  James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
Franklin  P.  Turner, 


Messrs.  John  Tyler, 

Edward  Waller, 
William  White, 
Samuel  Woods, 
John  13.  Young— 63. 


The  question  recurred  upon  the  amendment  proposed  by  Mr. 
Nelson,  and  being  put,  was  decided  in  the  negative — yeas  44; 
nays  60. 

On  motion  of  Mr.  Raymond,  the  vote  was  recorded  as  follows : 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.  L.  Montague  (P;-es^j  Messrs. 
William  B.  Aston, 
Angus  R.  Blakey, 
Peter  B.  Borst, 
Wood  Bouldin, 
Thomas  Branch, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Edward  R.  Chambers, 
Jolm  R.  Chambliss, 
Raphael  M.  Conn, 
W'illiam  H.  Dulany, 
Micrs  W   Fisher, 
Thomas  S.  Flournoy, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
F.  L.  Hale, 
Lewis  E.  Harvie, 
Lewis  D.  Isbell, 


Peter  C.  Johnston, 
John  J.  Kindred, 
Paul  McNeil, 
Charles  K.  Mallory, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Horatio  G.  MofFett, 
Edmund  T.  Morris, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
William  C.  Parks, 
David  Pugh, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  M.  Speed, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
William  T.  Sutherlin, 
William  M.  Tredway, 
Robert  H.  Whitfield, 
Benj.  F.  VVysor — 44. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  Edw'd  M.  Armstrong,  Messrs.  John  A.  Campbell, 

James  Barbour,  Allen  T.  Caperton, 

George  Baylor,  John  A.  Carter, 

George  VV.  Berlin,  W.  H.  B.  Custis, 

George  Blow,  Jr.  Samuel  A.  ColTman, 

James  Boisseau,  C.  B.  Conrad,  . 

William  W.  Boyd,  Robert  Y.  Conrad, 

William  G.  Brawner,  William  P.  Cooper, 

George  W.  Brent,  James  H.  Cox, 


354  JOURNAL  OF  THE  COXYENTION. 

Messrs.  C.  J.  P.  Cresap,  Messrs.  .Tames  Marshall, 

Harvey  Deskins,  .T.  T.  Martin, 

James  B.  Dormaii,  Henry  H.  Masters, 

Samuel  M.  Garland,  Stephen  A.  Morgan, 

Algernon  S.  Gray,  Samuel  McD.  Moore, 

William  L.  Goggin,  Joseph  H.  Pendleton, 

John  Goode,  Jr.  Samuel  Price, 

Addison  Hall,  George  W.  Randolph, 

Cyrus  Hall,  Timothy  Rives, 

L.  S.  Hall,  Robert  E.  Scott, 

Alpheus  F.  Haymond,  John  D.  Sharp, 

.folin  N.  Hendren,  James  W.  Shelltiy, 

J.  M.  Heck,  'J'homas  Sitlington, 

James  P.  Holcombe,  Charles  R.  Slaughter, 

J.  G.  Holladay,  (^eorge  P.  Tayloe, 

John  Janiiey,  Franklin  P.  Turner, 

John  R.  Kilby,  John  Tyler, 

Walter  I).  Leake,  Edward  Waller, 

Edward  D.  McGuire,  William  White, 

James  B.  Mallory,  Samuel  Woods, 

J.  W.  Marshall,  John  B.  Young— GO. 

The  question  recurred  upon  the  original  section,  as  amended. 

Mr.  DoRMAN  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  adoption  of  the  section,  as 
amended,  was  put,  and  decided  in  the  afhrmative. 

The  Secretary  then  proceeded  to  read  tiie  report,  and  sections 
2d  and  3d  were  passed  by  without  objection. 

Mr.  Holladay  proposed  to  amend  the  4th  section  by  striking 
out  all  after  the  word  ''given,"  in  the  first  line  and  inserting, 
^'  by  secret  ballot,  and  not  otherwise;"  and  the  question  being 
put,  was  decided  in  the  negative. 

The  4th  section,  as  reported,  was  then  adopted. 

"  The  Secretarj'  then  proceeded  to  read  the  report,  and  the  1st  Section,  Art. 
IV.,  was  passed  by  without  objection." 

INIr.  Turner,  of  Jackson  and  Roane,  moved  to  recommit  Art. 
lY  to  the  committee,  and  the  question  being  put,  was  decided  in 
the  negative. 

Mr.  Wysor  moved  to  amend  the  2d  section  of  Art.  IV.,  by 
striking  out  all  after  the  word,  '^  Commonwealth,"  in  the  4th 
line,  and  inserting  the  following: 

The  distribution  and  apportionment  whereof  shall  remain  as  now  provided  by 
law  until  a  reapportionment  of  the  same  shall  be  made  by  the  General  Assembly 
as  hereinafter  provided. 

Mr.  HalL;  of  Wetzel,  moved  to  further  amend  the  2d  sectioiij 


JOURNAL  OF  THE  CON^'EXTION.  355 

by  Striking  out  "annually,"  and  inserting  "biennially;"  and 
the  question  being  put,  was  decided  in  the  negative. 

Mr.  Scott,  of  Fauquier,  moved  to  strike  out  all,  beginning 
with  the  words,  "  the  counties,"  in  the  2l1  paragraph,  of  the  2d 
section,  down  to  the  words  "  the  General  Assembly,"  in  the 
first  line  oi  the  Sth  paragraph  of  the  same  section;  and  the  ques- 
tion being  put,  was  decided  in  the  affirmative. 

Mr.  KiLBY  moved  to  amend  the  Sth  paragraph  of  the  2d  sec- 
tion, by  adding  thereto  the  following:  "  And  the  said  General 
Assembly  shall  have  like  power  on  the  application  of  a  majority 
of  the  voters  of  the  county  of  Norfolk  to  provide  that,  instead  of 
two  delegates  to  be  elected  by  said  county,  the  city  of  Portsmouth 
shall  elect  one  dclegntc  and  the  residue  of  the  couiUy  sliall  elect 
one  delegate;"  and  the  question  being  put,  was  decided  in  the 
affirmative. 

The  2d  section  as  amended  was  then  adopted. 

On  motion  of  Mr.  Tukner,  of  Jackson  and  Roane,  the  Con- 
vention adjourned. 


JOURNAL    OF   THE   CONVENTIOK-.  357 


Friday,  November  22,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 
Prayer  by  the  Rev.  Mr.  Hoge,  of  the  Presb^'terian  Church. 
Mr.  Johnston  from  the  "  Committee  on  Military   Affairs," 
presented  the  following  report,  which  was  adopted : 

The  Committee  on  Military  AfTairs,  to  wliom  the  following  resolution  has  been 
referred,  viz.  ^^  Rennlrcd,  That  the  Committee  on  Military  Affairs  inquire  into  the 
expediency  of  providing,  hy  ordinance,  that  the  commissions  of  field  officers  ap- 
pointed in  pursuance  of  the  ordinance  of  April,  18fi],  shall  expire  whenever  the 
regiments  to  which  they  are  assigned  shall  he  disbanded  by  the  expiration  of  the 
terms  of  service  of  the  companies  composing  their  commands,"  have  had  the 
same  under  consideration,  and  report  the  following  resolution  thereon: 

Resolved,  That  it  is  inexpedient  to  make  the  provision  proposed  by  the  said 
resolution. 

On  motion  of  Mr.  Neblett,  the  following  resolution  was 
adopted : 

Resolved,  That  the  President  of  the  Convention  be,  and  b«  is  hereby  autliorized 
to  sign  the  name  of  Richard  H.  Cox,  the  late  delegate  from  the  counties  of  King 
and  Queen  and  Essex,  to  the  ordinance  of  secession. 

On  motion  of  Mr.  French,  the  following  resolution  was 
adopted: 

Resolved,  That  the  eflicient  protection  of  South-Western  Virginia  from  Meadow 
Bluff  in  Greenbrier  county  to  Cumberland  Gap,  is  of  the  highest  importance  to  this 
State  and  Confederacy;  that  the  loss  or  destruction  of  the  Virginia  and  Tennessee 
Rail  Road,  lead  mines  and  salt  works  of  that  region  would  be  a  disaster  to  our 
cause  beyond  remedy;  that  for  the  effectual  defence  of  this  region  of  country,  it 
is  essential  to  press  the  enemy  back  from  the  Cumberland,  Flat  Top,  Seawell 
and  Sandy  ranges  of  mountains,  and  that  for  the  attainment  of  this  object  the 
strenuous  efforts  of  the  Governor  of  this  Commonwealth  are  invoked  in  conjunc- 
tion with  those  of  the  Confederate  authorities. 

Mr.  Turner,  of  Jackson  and  Roane,  offered  the  following  re- 
solution: 

Resolved,  That  the  Secretary  of  the  Convention  be  directed,  at  the  close  of  the 
present  scss^ion  of  this  body,  to  issue  his  certificate  for  pay  to  Benjamin  R. 
Linkous,  Esq  ,  Door-Keeper  of  the  Convention  during  the  present  session,  and 
that  the  said  Benjamin  R.  Linkous  be  allowed  mileage  for  his  attendance  at  the 
last  session  of  this  Convention  at  the  same  rate  as  is  allowed  to  members  of  the 
Convention,  to  be  paid  upon  the  certificate  of  the  Secretary. 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Macparland  from  the  "Committee  on  Finance,"  pre- 
sented the  following  resolution,  and  asked  to  be  discharged  from 
the  further  consideration  of  the  subject,  which  was  adopted: 

Resolved,  That  the  Committee  ask  to  be  discharged  from  the  further  considera- 
tion of  this  resolution,  without  expressing  any  opinion  thereon,  but  because  the 
General  Assembly  will  soon  be  in  session  and  competent  to  act  thereon. 
1 


358  JOUUNAL    OF   TME   CONVfiKTiON'. 

Mr.  MacfarlanDj  from  the  same  committee^  presented  the  fbl^ 
lowing  report,  which  was  adopted: 

Resolved,  That  the  committee  ask  to  be  discharged  from  the  further  considera* 
tion  of  the  memorials  of  the  Savings  Banks  and  Common  Council  of  the  city  of 
Richmond  and  town  of  Fredericksburg,  not  because  they  deem  the  subject  unne- 
cessary or  unworthy  of  favorable  action,  but  that  it  is  more  proper  for  the  action 
of  the  General  Assembly,  which  will  soon  be  in  session. 

Mr.  Conrad,  of  Frederick,  submitted  the  following  resolution, 
which  was  adopted: 

Resolved,  That  the  Committee  on  Military  Affairs  be  instructed  to  inquire  into 
the  expediency  of  amending  the  8lh  section  of  the  ordinance  "  7"o  reoiganize 
the  Militia,"  presented  November  19th,  and  referred  to  said  committee,  by  add- 
ing to  said  section  provisions  to  the  following  effect: 

"Whenever  any  portion  of  the  militia  shall  be  called  into  active  service,  it 
shall  be  the  duty  of  the  superior  officer,  at  the  place  of  rendezvous,  to  ascertain 
and  report  the  number  of  rank  and  file  actually  present,  and  their  pay  and  ra- 
tions shall  commence  from  that  date.  He  shall,  at  the  same  time,  arrange  them 
into  companies  of  men;  arrange  such  companies,  if  enough,  into 

regiments  of  men,  and  brigades  of  not  less  than  regiments;  shall 

assign  the  complement  of  officers,  and  of  such  grades  as  conform  to  the  actual 
numbers,  and  report  the  names  of  tlie  officers,  discharging  the  rest;  and  no  other 
officers  than  those  so  selected  shall  receive  any  pay,  nor  in  any  case  be  entitled  to 
receive  pay  when  his  command  is  in  number  less  than  that  belonging  to  his  rank." 

On  motion  of  Mr.  M.\rtin,  tlie  following  resolution  was 
adopted. 

IiCsoh'((f,  That  the  Committee  of  Privileges  and  Elections  inquire  into  the  cause 
of  the  absence  from  this  Hou*e  of  Sherrard  Clemens,  one  of  the  delegates  from 
the  county  of  Ohio;  Benjamin  Wilson,  one  of  the  delegates  from  the  county  of 
Harrison,  and  Caleb  Boggess,  delegate  from  the  county  of  Lewi.*,  and  report  to 
the  Convention  whether,  in  their  opinion,  such  absence  is  owing  to  the  disloyalty 
of  said  Sherrard  Clemens,  Benjamin  Wilson  and  Caleb  Boggess  to  the  State  or  Con- 
federate States;  and  if  so,  whether,  in  the  opinion  of  the  committee,  they  should 
be  expelled  from  this  body. 

On  motion  of  Mr.  Randolph,  of  the  city  of  Richmond,  the 
following  resolution  was  adopted: 

Resolved.  That  the  Committee  on  Military  Affairs  be  instructed  to  inquire  into 
the  best  means  of  promoting  the  manufacture  of  nitre,  and  report  by  ordinance 
or  otherwise. 

On  motion  of  Mr.  Speed,  the  following  resolution  was  adopted: 

Resohed,  That  the  Governor  of  the  Commonwealth  be  requested  to  communi- 
cate to  the  Convention,  whether  there  are  any  officers  of  the  army  or  navy  of 
the  United  States,  who  have  resigned  their  positions,  and  applied  for  a  corres- 
ponding service  in  the  State  or  in  the  Confederate  States  of  America,  and  have 
failed  to  obtain  appointments. 

On  motion  of  Mr.  Turner,  of  Jackson  and  Roane,  the  follow- 
ing resolution  was  adopted: 

Resolved,  That  the  Auditor  of  Public  Accounts  be  requested  to  furnish  to  the 
Convention  a  statement  showing  the  number  of  suits  now  pending  upon  the  dockets 
of  the  circuit  courts  of  the  several  counties  in  the  Commonwealth  respectively, 
distinguishing  between  the  law  and  equity  sides  of  the  courts,  and  also,  the  num- 


JOURNAL  OF  THE  CONVENTION.  359 

ber  of  suits  brought  during  the  year  1860,  and  the  number  of  criminal  cases  pend- 
ing on  the  dockets  of  said  courts  at  the  time  of  the  report  last  made  by  the  clerks 
of  said  courts. 

Mr.  Conrad,  of  Frederick,  presented  an  ordinance,  ''amend- 
ing the  2d  section  of  an  ordinance,  No.  71,  passed  June  28th, 
1861,  authorizing  the  issue  of  treasury  notes,"  which  was  re- 
ferred to  the  ''Committee  of  Finance." 

On  motion  of  Mr.  Woods,  the  following  resolution  was 
adopted: 

Resolved,  That  tho  members  of  this  body  ■who  have  been  elected  in  the  place  of 
those  members  who  have  been  expelled,  bo  permitted  to  sign  the  ordinance  of  se- 
OPssion. 

The  President  presented  a  communication  from  the  Execu- 
tive of  the  Conmionweallh,  transmitting  the  proceedings  of  the 
court  of  inquiry,  in  the  case  of  Col.  G.  O.  Porterfield,  which 
was  laid  upon  the  table. 

The  PRESiOKNT  presented  a  communition  from  the  Auditor  of 
Public  Accounts,  in  relation  to  the  population  of  the  State,  &c., 
which  was  laid  upon  the  table  and  ordcre-d  to  be  printed.  [Doc. 
No.  XXX YII.] 

On  motion  of  Mr.  Sheffey,  the  following  resolution  was 
adopted: 

Resolved,  That  the  Clerk  be  instructed  to  furnish  to  the  Governor  of  this  Com- 
monwealth a  copy  of  the  resolution  adopted  this  day,  in  relation  to  the  defences 
of  the  Soiith-Western  portion  of  this  State. 

The  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  the  consideration  of  the  report  of  the  "  Committee  on 
Amendments  to  the  Constitution"  was  resumed. 

The  Secrrtary  proceeded  to  rend  section  3d,  Art.  IV. 

Mr.  Stuart  moved  to  strike  out  the  whole  of  section  3d  and 
4th,  and  insert  the  following: 

"  3.  The  other  shall  be  called  the  Senate  and  consist  of  fifty  members,  for  the 
election  of  whom  the  counties,  cities  and  towns  shall  be  divided  into  fifty  dis- 
tricts. Eacii  county,  city  and  town  of  the  respective  district,  at  the  time  of  the 
first  election  of  delegates  under  this  Constitution,  shall  vote  for  one  Senator,  and 
the  Sheriffs  or  other  officers  holding  tiie  election  for  each  county,  city  or  town, 
wilhin  five  days  after  the  election,  shall  meet  at  the  court  house  of  the  county, 
city  or  town  first  named  in  the  district,  and  from  the  polls  so  taken  in  their  re- 
spective counties,  cities  and  towns,  return  as  Senator  the  person  who  has  received 
the  greatest  numi)er  of  votes  in  the  whole  district.  To  keep  up  this  Assembly  by 
rotation,  the  districts  shall  be  divided  into  fourclasses  and  numbered  by  lot.  The 
first  class  shall  consist  of  twelve;  the  second  of  thirteen;  the  third  of  twelve,  and 
the  fourth  of  thirteen.  The  seats  of  the  Senators  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  first  year  after  the  commencement  of  their  term 
of  office;  of  the  second  class  at  the  expiration  of  the  second  year;  of  the  third 
class  at  the  expiration  of  the  third  year;  and  of  the  fourth  class  at  the  expiration 
of  the  fourth  year,  so  that  one  class  may  be  chosen  every  year;  and  the  vacancies 
thereby  occasioned  shall  be  supplied  from  such  class  by  new  election  in  the  man- 
ner aforesaid.  This  rotation  shall  be  applied  to  each  class  according  to  its  num- 
ber, and  continued  in  due  order  annually. 


360 


JOURNAL   OF  THE   CONVENTION. 


"  4.  For  the  election  of  Senators  the  districts  shall  remain  as  now  arranged 
until  representation  in  the  two  Houses  shall  be  reapportioned  in  the  manner  pro- 
vided in  the  Constitution." 

The  question  being  put,  was  decided  in  the  affirmative. 

The  Secretary  proceeded  to  read  the  5th  and  6th  sections  of 
Art.  IV,  which,  on  motion  of  Mr.  Stuart,  were  passed  by  with- 
out consideration. 

The  7th  section  was  read  and  passed  by  without  objection. 

The  Secretary  proceeded  to  read  the  8th  section. 

JMr.  DoRMAN  moved  to  amend  the  section  by  inserting  after 
the  word  "Constitution,"  in  the  third  hue  the  following: 

"No  session  of  the  General  Assembly  shall  continue  longer  than  ninety  days 
without  the  concurrence  of  three-fifths  of  the  members  elected  to  each  house, 
in  which  case,  the  session  may  be  extended  for  a  further  period  not  exceeding 
thirty  days." 

The  question  being  put,  was  decided  in  the  negative — yeas 
40;   nays  (54. 

On  motion  of  Mr.  Young,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  William  B.  Aston, 
George  Baylor, 
Peter  B.  Borst, 
James  V.  Brooke, 
John  A.  Carter, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
William  P.  Cooper, 
C.  J.  P.  Cresap, 
W.  H.  B.  Ciistis, 
James  B.  Dorman, 
William  H.  Dulany, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
Cyrus  Hall, 
J.  M.  Heck, 
George  W.  Hull, 


Messrs.  Lewis  D.  Isbelt, 
Paul  McNeil, 
Janes  B.  xHallory, 
J.  W.  Marshall, 
Thomas  Maslin, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Logan  Osburn, 
William  C.  Parks, 
David  Pngh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
John  D.  Sharp, 
James  \V.  Sheffey, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Robert  H.  Turner, 
Edward  Waller, 
Robert  H.  Whitfield, 
John  B.  Young — 40. 


The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  R.L.MontaguefPre^^j  Messrs.  John  Janney, 

"William  M.  Ambler,  Peter  C.  Johnston, 

Edw'd  M.  Armstrong,  Robert  C.  Kent, 

George  W.  Berlin,  John  J.  Kindred, 

Angus  R.  Blakey,  Edward  D.  McGuire^ 


JOURNAL  OF  THE  CONVENTION. 


361 


Messrs.  George  Blow,  Jr. 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
William  G.  Brawner, 
George  W.  Brent, 
Benjamin  W.  Byrne, 
Frederick  A.  Cabell, 
EcJward  R.  Chambers, 
John  R   Chanibliss, 
Robert  Y.  Conrad, 
Robert  E.  Cowan, 
James  H.  Cox, 
Harvey  Deskins, 
Miers  W.  Fisher, 
Thomas  S.  Flonrnoy, 
Napoleon  B.  French', 
Colbert  C.  Fiigate, 
Samuel  M.  Garland, 
F.  L.  Hale, 
Addison  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvie, 
Alpheus  F.  Haymond, 
John  N.  Hendren, 
James  P.  Holcombe, 
J.  G.  Holladay, 


Messrs.  William  H.  Maclarland, 
Charles  K.  Mallory, 
James  Marshall, 
J.  T.  Martin, 
John  L.  Marye,  Sr. 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris,  ' 
Stephen  A.  Morgan, 
Hugh  M.  Nelson, 
Joseph  H.  Pendleton, 
Samuel  Price, 
George  W.  Randolph, 
Robert  E.  Scott, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samnel  G.  Staples, 
Alex.  H.  H.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tavdoe, 
John  T.  Thornton, 
William  M.  Tredway, 
Franklin  P.  Turner,  ' 
William  Wbite, 
Samuel  Woods, 
Benj'n  F.  Wysor— 64. 


Ml    BoRST  moved  further  to  amend   the  section,  bv  insering 
after  the  word  -Constitution,"  in  the  third  line,  the  following^ 
and  such  meeting  shall  be  on  the  first  Monday  in  Januar?," 
uidess  otherwise  provided  by  law."  ' 

The  question  being  put  was  decided  in  the  negative 
lie  section  as  onginallv  reported  was  then  adopted 
The9th,10th    11th   ]2th,  13,   14th  and  15th   sections  were 
read  and  passed  by  without  objection. 

The  Secretary  proceeded  to  read  the  16th  section. 

f       'u    ''^i''''''  ']^  Jackson  and  Roane,  moved  to  amend  the  sec- 
tion, by  adding  thereto  the  following: 

"Nor  shall  any  law  be  revived  or  amended  by  reference  toils  title  hnt  ))ip  nm 
revived  or  seet.on  amended  shall  be  rcU-nacted  and  publiJlfed  at  !e.' gMu  ' 

Mr.  Scott  of  Fauquier,  moved  to  amend  (he  amendment,  by 
striking  out  all  after  the  word  "  title."  • 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Macfauland  moved  to  amend  the  amendinent,  by  substi- 

utmg   lor  the  whole    scctio?^  and  amendment,   the  following- 

Every  law  shall  declare  the  subject  in  the  title  thereof-"  but 


362  JOURNAL  OF  THE  CONVENTION. 

subsequently  withdrew  it,  and  accepted  the  following,  submitted 
by  Mr.  Stuart:  ^^  Every  law,  or  resolution,  having  the  force 
of  law,  shall  relate  to  but  one  subject,  which  shall  be  expressed 
in  the  title." 

The  question  being  put,  the  amendment  was  adopted. 

The  section  as  amended  was  then  adopted. 

The  Secretary  then  proceeded  to  read  the  1 7th  section. 

Mr.  MooRE  moved  to  auiendthe  section,  by  striking  out,  in  the 
first  line,  'Uhe  General  Assembly  may  provide  that." 

The  question  being  put,  was  decided  in  the  negative. 

The  18th  section  was  passed  by  without  objection. 

The  Secretary  then  proceeded  to  read  the  19th  section. 

Mr.  Dorman  moved  to  strike  out,  in  the  third  line,  all  after  the 
word  '^and,"  and  insert  the  following  :  '^It  shall  be  the  duty  of 
the  General  Assembly  to  prescribe  proper  regulations  for  reduc- 
ing such  negroes  to  slavery." 

Mr.  Harvie  moved  to  amend  the  amendment,  by  way  of  sub- 
stitute, by  striking  out  the  whole  section,  and  inserting  the  fol- 
lowing :  ''No  slave  shall  be  emancipated  in  this  Commonwealth 
after  the  adoption  of  this  Constitution." 

The  question  being  put  was  decided  in  the  negative — yeas  52; 
nays  54. 

Mr.  Gray,  on  his  own  motion,  was  excused  from  voting. 

On  motion  of  Mr.  Harvie,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.L. Montague (^Pres^j  Messrs.  Lewis  E.  Harvie, 

William  M.  Ambler,  John  N.  Hendren, 

William  B.  Aston,  J.  M.  Heck, 

James  Barbour,  Jas.  P.  Holcombe, 

Angus  R.  Blakey,  Lewis  D.  Isbell, 

George  Blow,  Jr.  Peter  C.  Johnston, 

Wood  Bouldin,  Robert  C.  Kent, 

William  W.  Boyd,  Edw'd  D.  McGuire, 

Wm.  G.  Brawner,  Wm.  H.  Macfarland, 

George  W.  Brent,  James  Marshall, 

James  Y.  Brooke,  J.  T.  Martin, 

Frederick  M.  Cabell,  Horatio  G.  Moffett, 

John  A.  Campbell,  Edmund  T.  Morris, 

Edw'd  R.  Chambers,  William  J.  Neblett, 

Samuel  A.  Coffaian,  Hugh  M.  Nelson, 

Raphael  M.  Conn,  William  C.  Parks, 

Rob't  Y.  Conrad,  Wm.  Ballard  Preston, 

James  B.  Dorman,  George  W.  Randolph, 

Miers  W.  Fisher,  Samuel  G.  Staples, 

Thos.  S.  Flournoj,  Wm.  T.  Sutherhn, 

Colbert  C.  Fugate,  George  P.  Tayloe, 


Journal  ov  thej  ooNvtiNTioK. 


363 


Messrs.  Samuel  L.  Graham, 
Peyton  Gravely, 
John  Goode^  Jr. 
F.  L.  Hale, 
L.  S.  Hall, 


Messrs.  William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
William  White, 
Samuel  Woods — 52. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Edw'd  M.  Armstrong,   Messrs 
George  Baylor, 
George  W.  Berlin, 
Thomas  Branch, 
Benjamin  W.  Byrne, 
John  A.  Carter, 
John  R.  Chambliss, 
C.  B.  Conrad, 
Robert  E.  Cowan, 
William  P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
William  H.  Dulany, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
William  L.  Goggin, 
Addison  Hall, 
Cyrus  Hall, 
Alpheus  F.  Haymond, 
J.  G.  Holladay, 
George  W.  Hull, 
John  Janney, 
.lohn  J.  Kindred, 
Paul  McNeil, 
Charles  K.  Mallory, 


James  B.  Mallory, 
J.  W.  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Stephen  A.  Morgan, 
Samuel  McD,  Moore, 
Logan  Osburn, 
Joseph  H.  Pendleton, 
Samuel  Price, 
David  Pugh, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  D,  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Chas.  R.  Slaughter, 
.Tohn  M.  Speed, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
John  T.  Thornton, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Benjamin  F.  Wysor, 
John  B.  Youns: — 54. 


Mr.  Holladay  moved  to  amend  the  amendment  by  striking- 
out  all  after  the  word  ''free,"  in  the  third  hue,  and  inserting  the 
following: 

"And  shall  pass  to  the  distributees  of  the  testator,  when  the  emancipation  was 
by  will,  and  when  by  deed,  to  such  persons  as  would  be  the  distributees  of  the 
grantor,  were  he  dead  at  the  time,  subject  to  debts  of  the  testator  or  grantor  as 
in  due  course  of  administration."  ' 

Mr.  Barbour  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  adoption  of  the  amend- 
ment submitted  by  Mr.  Hollauay,  was  put,  and  decided  in  the 
negative. 


ob4  JOURNAL  OF  THE  COJ^VENTIOX. 

The  question  recurred  upon  the  amendment  submitted  by  Mr* 

DoRMAN. 

Mr.  DoRMAN  demanded  the  previous  question,  which  was  sus-' 
tained. 

The  main  question  being  upon  the  amendment  submitted  by 
Mr.  DoRMAN,  was  put,  and  decided  in  the  affirmative. 

Mr.  Morris  moved  to  further  amend  the  section,  by  striking 
out  the  word  "twelve,"  in  the  second  Une,  and  inserting  the 
word  <'six." 

Mr.  Turner,  of  Jackson  and  Roane,  moved  to  amend  the 
amendment,  by  striking  out  the  word  ''six,"  and  inserting 
''three."     Negatived. 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Morris,  and  being  put,  was  decided  in  the  negative. 

Mr.  Chambers  moved  to  amend  the  amendment,  by  adding 
thereto  the  following:  "But  emancipated  slaves  who  had  not 
forfeited  their  right  to  freedom  on  the  19th  of  April,  1861,  shall 
not  incurt  he  forfeiture  of  their  freedom  if  they  remove  from  this 
Commonwealth  in  twelve  months  next  after  the  termination  of 
the  existing  War  between  the  United  States  and  the  Confederated 
States  of  America,"  and  the  question  being  put  was  decided  in 
the  negative. 

Mr.  Brooke  moved  to  strike  out  the  whole  section  and  insert 
the  following: 

"If  any  slave  hereafter  emancipated  shall  remain  in  the  Commonwealth  more 
than  twelve  months  after  becoming  actually  free,  such  emancipation  shall  become 
void,  and  the  condition  of  such  slave  shall  thenceforth  be  and  continue  as  if  no 
such  emancipation  had  been  made." 

The  question  being  put  was  decided  in  the  negative. 

The  section,  as  amended,  was  then  adopted. 

The  Secretary  proceeded  to  read  the  twentieth  section. 

Mr.  BouLDiN  moved  to  amend  the  section,  by  inserting  after 
the  word  "may,"  in  the  first  line,  the  words  "prohibit  the  fu- 
ture emancipation  of  slaves  or/'  and  the  question  being  put  was 
decided  in  the  affirmative. 

The  section,  as  amended,  was  then  adopted. 

The  twenty-first  section  was  then  read  and  passed  by  without 
objection. 

On  motion  of  Mr.  Blakey  the  Convention  adjourned. 


JOURNAL  OK  THE  CONVF>NTION.  366 


Saturday,  November  23,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Dr.  Hoge  of  the  Presbyterian  Church. 

Mr.  Maslin  submitted  an  ordinance  "  authorizing  officers  in 
the  service  of  the  State  to  accept  commissions  from  the  govern- 
ment of  the  Confederate  States." 

On  motion  of  Mr.  Maslin  the  rules  were  suspended  and  the 
ordinance  adopted. 

The  Presidext  presented  a  communication  from  the  Execu- 
tive of  the  Commonwealth,  transmitting  a  communication  from 
Hon.  J.  P.  Benjamin,  Secretary  of  War  of  the  Confederate 
States,  which  was  laid  upon  the  table. 

On  motion  of  Mr.  Price,  the  Convention  went  into  secret 
session. 

After  some  tune  passed  in  secret  session  the  doors  were  again 
opened. 

Mr.  Morris  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Stuart,  was  laid  upon  tlie  table. 

Resolved,  That  a  committee  of  five  be  appointed  by  the  President  to  inquire 
into  the  loyalty  of  Jiid2;e  Edward  P.  Pitts  to  the  State  of  Virginia,  and  the  Con- 
federate States,  and  that  such  committee  have  power  to  summon  witnesses,  and 
by  proclamation,  to  summon  the  said  Edward  P.  Pitts,  before  them. 

Mr.  Raymond  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Stuart,  was  laid  upon  the  table. 


Resolved,  That  the  Committee  of  Elections,  have  power  to  send  for  persons  and 
papers  in  the  matter  referred  to  them  in  relation  to  Sherrard  Clemens,  Bejamin 
Wilson  and  Caleb  Boggcss. 

The  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  the  consideration  of  the  report  of  the  "  Committee  on 
Amendments  to  the  Constitution"  Avas  resumed. 

The  Secretary  proceeded  to  read  the  report — the  unfinished 
business  being  section  22,  Art.  IV.,  which  was  passed  by  with- 
out objection. 

Mr.  Stuart  moved  to  amend  section  23  by  striking  out  all 
alter  the  word  *' years,"  in  the  fourth  line  down  to  ''but"  in  the 
sixth  line. 

Mr.  WiiiTriEi.D  demanded  the  previous  question  which  was 
sustained . 

The  main  question  being  U))on  the  amendment  submitted  by 
Mr.  Stuart,  was  put,  and  decided  in  the  allirmative — yeas  55; 
nays  43. 
2 


866 


JOURNAL  OF  THE  CONVENTION. 


On  motion  nt'  Mr.  Pendleton,  of  Ohio,tlie  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  arc — 


Messrs.  R.  L.  Montague,  (Prest)  Messrs, 
Wilhani  M,  Ambler, 
James  Barbour, 
George  Baylor, 
Angus  R.  iilakey, 
Wood  Bouldin, 
William  W.  Boyd, 
Thomas  Branch, 
William  (i.  Brawner, 
George  W.  Brent, 
Frederick  M.  Cabell, 
Edward  R.  Chambers, 
Manilius  Chajjuian, 
Samuel  A.  Cotfrnan, 
Robert  Y.  Conrad, 
William  II.  Dulany, 
Micrs  W.  Fisher, 
Samncl  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
William  L.  Goggin, 
.John  Goode,  Jr. 
Lewis  E.  Harvic, 
John  N.  Hendren, 
J.G.  Holladay, 
Lewis  D.  Isbell, 
John  Janney, 
Peter  C.  Johnston, 


Robert  C.  Kent, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
John  L.  Maryc,  Sr. 
Fleming  B.  Miller, 
Horatio  G.  Moflclt, 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
William  J.  Neblctt, 
Logan  (^sburn, 
Wm.  Ballard  Preston, 
.Samuel  Price, 
Peter  Saunders,  Sr. 
James  W.  Shelfey, 
Charles  R.  Slaughter, 
Samuel  G.  Staples, 
Ale.K.  H.  H.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Benj.  F.  Wysor— 55. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Edw'd  M.  Armstrong,  Messrs. 
William  B.  Aston, 
George  W.  Berlin, 
Benjamin  W.  Byrne, 
John  A.  Carter, 
William  P.  Cecil, 
John  R.  Chambliss. 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  E.  Cowan, 
William  P.  Cooper, 
James  H.  Cox, 


Alpheus  F.  Raymond, 
J.  iVL  Heck, 
James  P.  Holcombe, 
George  W.  Hull, 
John  J.  Kindred, 
Edward  D.  McGuire, 
J.  T.  Martin, 
Thomas  Maslin, 
Henry  H.  Masters, 
Stephen- A.  Morgan, 
Hugh  M.  Nelson, 
Joseph  H.  Pendleton, 


JOURKAL  OF  THE  COX^^ENTKtN.  367 

?»ISssrs.  C.  J.  p.  Cresap,  Messrs.  David  Piigh, 

W.  H.  B.  Cnstis,  George  W.  Randolph, 

Harvey  Dcskins,  John  D.  Sharp, 

James  B.  Dorm  an,  Burwell  Spurlock, 

WiUiam  W.  Forbes,  John  T.  Thornton, 

Colbert  C.  Fngate,  Franklin  P.  Turner, 

Samuel  L.  Graham,  Edward  Waller, 

Addison  Hall,  Samuel  Woods, 

Cyrus  Hall,  John  B.  Young— 43. 
L.  S.  Hall, 

Mr.  Pkxdletox  moved  to  strike  out  the  whole  section  and  in- 
sert the  followiiiE;:  "A  capitation  may  be  levied  upon  every 
white  male  inhabi-tant  who  has  attamed  the  age  of  twenty-one 
years." 

The  question  being  put,  was  decided  in  the  negative. 

The  section,  as  amended,  was  then  adopted. 

Sections  25th  and  26th  were  read  and  passed  by  without  ob- 
jection. 

Mr.  Trkdwav  moved  to  amend  the  26th  section,  by  adding 
thereto  the  following: 

"  And  every  art  makinj;  an  appropriation  of  money,  except  for  the  ordinary 
expenses  of  the  Government,  three-fifths  of  the  membersof  each  house,  shall  be 
recorded  for  it  before  it  becomes  a  law." 

The  question  being  put,  was  decided  in  the  negative!. 

The  section  was  then  adopted. 

Mr.  I*F.NDLKTON,  of  Ohio,  moved  to  amend  the  2Tth  section, 
by  striking  out,  in  the  fourth  line,  the  words  "or  which  may  be 
hereafter  made."  The  question  being  put  was  decided  in  the 
negative 

Mr.  MotiRis  moved  to  amend  the  section  by  adding  thereto 
the  following,  "or  make  any  loan  of  any  kind  to  any  company 
or  corporation." 

The  question  being  put  was  decided  in  the  negative — yeas  29: 
nays  73. 

On  motion  of  Mr.  Pendleton,  of  Ohio,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.L.  Montague (P/-'5/;  Messrs.  J.  T.  Martin, 

George  W.  Berlin,  John  L.  Marye,  Sr. 

John  A.  Carter,  Thomas  Maslin, 

Raphael  31.  Conn.  Henry  H.  Masters, 

C.  B.  Conrad,  Edmund  T.  Morris, 

R.  E.  Cowan,  S.  A.  Morgan, 

James  H.  Cox,  William  J.  Neblett, 


3G8 


JOURNAL  OF  THE  CONVENTION. 


*Messrs.  C.  J.  P.  Cresap,  Messrs. 

W.  H.  B.  Custis, 
William  H.  Diilaiiy, 
Miers  W.  Fislicr, 
Samuel  L.  Graham, 
Addison  Hall, 
L.  S.  Hall, 
John  J.  Kindred, 

The  names  of  those  who  voted  in  th 

Messrs.  William  M.  Ambler,       Messrs, 

Edward  M.  Armstrong, 

William  B.  Aston, 

James  Barbonr, 

George  Baylor, 

Angus  K.  i3lakey, 

Wood  Bouldin, 

Willliam  W.  Boyd, 

Thomas  Branch, 

William  G.  Brawner, 

George  W.  Brent, 

Benjamin  W.  Byrne, 

Frederick  M.  Cabell, 

John  A.  Campbell, 

Allen  T.  Caperton, 

Edward  11.  Chambers, 

John  1\.  Chambliss, 

Mauilius  Chapman, 

Sanniel  A.  Coflnian, 

Robert  Y.  Conrad, 

W.  P.  Cooper, 

Harvey  Deskins, 

James  B.  Dorman, 

William  W.  Forbes, 

Colbert  C.  Fngate, 
.  Samuel  M.  Garland. 
'  H.  L.  Gillespie, 

Peyton  Gravely, 

William  L.  Goggin, 

John  Goode,  Jr. 

Cyrus  Hall, 

Lev/is  E.  Harvie, 

John  N.  Hendren, 

J.  M.  Heck, 

James  P.  Holcombe. 

J.  G.  HoUaday, 

The  section  was  then  adopted. 


,  Joseph  H.  Pendleton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller, 
Saumel  C.  Williams, 
Sanniel  Woods, 
John  B.  Young— 29. 

c  negative  are — 

,  George  W.  Hull, 
Lewis  D.  Isbell, 
John  Janney, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
E.  1).  McGuire, 
Paul  McNeil, 
William  H.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
Fleming  B.  Miller, 
Horatio  C.  Aloffett, 
Samuel  Met).  Moore, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Wni.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
(ieorge  W.  Randolph, 
Peter  Saunders,  Sr. 
John  I).  KSharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Bnrwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
William  T.Sutherlin, 
CJeorge  P.  Tayloe, 
John  T.  Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Robert  H.  Whitfield, 
Benj'n  F.  Wysor— 73. 


JOURNAL  OF  THE  COXVENTIOX. 


369 


Mr,  Randolph,  of  the  city  of  Richmond,  moved  to  amend  the 
28th  section,  by  inserting  after  the  word  "  annnally,"  in  the  first 
hne,  the  words  "by  the  auditing  and  disbursing  officers  of  the  trea- 
sury and  Secretary  of  the  treasury." 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Raymond  moved  to  strike  out  the  words  "  there  shall  be  " 
in  the  first  line,  and  insert  "  the  Legislature  may." 

Mr.  Ki.vDRED  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  amendments  submitted  by 
Mr.  Raymond,  was  put,  and  decided  in  the  negative — yeas  0; 
nays  95. 

On  motion  of  Mr.  Presiox  the  vote  was  recorded  as  follows: 

The  names  of  those  who  votedin  the  affirmative  are  — 


Messrs.  R.  1>.  Moutngue  ( Prest )  Me.ssrs. 
William  M.  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
George  Baylor, 
George  W.  Berhn, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Wood  Bouldin, 
William  W.  Boyd, 
WiUiam  G.  Brawner, 
George  W.  Brent, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Capeiton, 
John  A.  Carter, 
William  P.  Cecil, 
Edward  R.  Chambers, 
John  R.  Cham  bliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Robert  E.  Cowan, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
W.  R.  B.  Custis, 
Harvey  Desk  ins, 
James  B.  Dorman, 
William  H.  Dulanv, 


John  Janney, 
Peter  C.  Johnston, 
Robert  C.  Kent, 
John  J.  Kindred, 
Edward  D,  McGuire, 
Paul  McNeil, 
William  R.  Macfarland, 
Charles  K.  Mallory, 
James  B.  Mallory, 
James  Marshall, 
Jeflerson  T.  Martin, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Mofl:ett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Joseph  R.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Peter  Saunders,  Sr. 
Jojin  D.  Sharp, 
James  W.  Slieftey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
.Tohn  M.  Speed, 
Burwell  Spurlock, 


870  JOURNAL  OF  THE  CONVENTIOK. 

Messrs.  Miers  W.  Fisher,  Messrs.  Samuel  G.  Staples, 

Colbert  C.  Fugate,  Alex.  H.  H.  Stuart, 

Samuel  M.  Garland,  William  T.  Siitherlin; 

H.  L.  Gillespie,  George  P.  Tayloe, 

Samuel  L.  Graham,  John  T.  Thornton, 

Peyton  Gravely,  VViUiam  M.  Tredway, 

William  L.  Goggin;  Robert  H.  Turner, 

Addison  Hall,  Franklin  P.  Turner, 

Cyrus  Hall,  John  Tyler, 

Lewis  E.  Harvie,  Edward  Waller, 

John  N.  Hendren,  Robert  H.  Whitfield, 

Jonathan  M.  Deck,  Samuel  C,  Williams, 

James  P.  HolcombCj  Samuel  Woods, 

J.  G.  Holladay,  Benj.  F.  Wysor, 

George  W.  Hull,  John  B.  Young— 95. 
Le\Vis  D.  Isbell, 

.  Mr.  BouLDiN  moved  to  su-ike  out  the  word  "fifty,"  in  the  fifth 
line,  and  insert  the  word  ^^ sixty."     iS'egatived. 

Mr.  Stuart  moved  to  insert  after  the  word  "  debt,"  in  the  thir- 
teenth line,  the  words  ''shall  have  been  or." 

The  question  being  put,  was  decided  in  the  affirmative. 

The  section,  as  amended,  was  then  adopted. 

The  29di,  30th,  3 1st  and  32d  sections  were  then  read  ana 
passed  by  without  objection. 

iMr.  Havmond  moved  to  amend  the  33d  section,  by  striking 
out  the  word  "six,"  in  the  second  line,  and  inserting  the  word 
"four."     Negatived. 

Mr.  CoNKAK,  of  Frederick,  moved  farther  to  amend  the  sec- 
tion, by  striking  out  all  after  the  word  "  Assembly,"  in  the  tenth 
line. 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  Havmoxd  moved  further  to  amend  the  section,  by  adding 
thereto  the  ibllowing  :  "  The  voters  in  any  county  or  corpora- 
tion may  vote  at  the  place  or  places  provided  by  law." 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Ukcil  moved  to  further  amend  the  sectiont  by  striking  ou 
all  beginning  with  the  word  "  but,"  in  the  seventh  line. 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  BvRXE  moved  to  further  amend  the  section,  by  adding 
thereto  the  following; 

"But  counties  herelorore  formed  shall  be  valid,  tiltliough  they  may  contain  art 
area  of  less  than  six  liuii&red  square  miles." 

The  question  being  put,  was  decided  in  the  negative. 
The  section  as  amended  w-as  then  adopted. 
The  34th  and  35th   sections  were  then  read  and  passed  by 
without  objection. 


JOtJRNAL  OF  THE  CONVENTION.  371 

Mr.  Stuart  moved  to  strike  out  the  whole  of  the  36th  section. 

The  question  being  put  was  decided  in  the  afRrmative. 

Mr.  Stuart  moved  to  amend  the  37th  section,  by  striking  all 
from  the  word  ^'^  law,"  in  the  fourth  line,  down  to  ^'and,"  in  the 
sixth  line. 

The  question  being  put,  was  decided  in  the  affirmative. 

The  Secretary  then  proceeded  to  read  Article  V. 

The  first  section  was  read  and  passed  by  without  objection. 

Mr.  Moffett  moved  to  amend  the  2d  section  by  striking  out 
all  after  the  word  '^elected"  in  the  first  line,  and  inserting  the 
words  ''by  joint  ballot  of  the  two  Houses  of  the  General  As- 
sembly." 

Mr.  Price  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  adoption  of  the  amend 
ment,  submitted  by  Mr.  Moffett,  was  put,  and  decided  in  the 
negative —yeas  42  ;  nays  60. 

On  motion  of  Mr.  Prndleton,  of  Ohio,  the  vote  was  recorded 
as  follows  : 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.L.  Montague  fPre^^;  Messrs.  Charles  K.  Mallory, 

William  M.  Ambler,  .Tames  B.  Mallory, 

.lames  Barbour,  .Tames  Marshall, 

Angus  R,  Blakey,  John  L.  Marye,  Sr. 

Wood  Bouldin,  Thomas  Maslin, 

Fred.  M.  Cabell,  Horatio  G.  Moffett, 

Allen  T.  Caperton,  Edmund  T.  Morris, 

Edw'd  R.  Chambers^  Samuel  McD.  Moore, 

Robert  Y.  Conrad,  William  J.  Neblett, 

James  H.  Cox,  Hugh  M.  Nelson, 

William  H.  Dulany,  David  Pugh, 

William  W.  Forbes,  George  W.  Randolph, 

Colbert  C.  Fugate,  Peter  Saunders,  Sr. 

H.  L.  Gillespie,  Charles  R.  Slaughter, 

Addison  Hall,  Alex.  H.  H.  Stuart, 

i..  S.  Halll,  .Tohn  T.  Thornton, 

Lewis  E.  Harvie,  William  M.  Tredway, 

John  N.  Hendren,  Robert  H.  Turner, 

James  P.  Holcombe,  John  Tyler, 

John  Janney,  Robert  H.  Whitfield, 

Wm.  H.  Mactarland,  Benj'n   F.  Wysor— 42. 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs. E.M.Armstrong,  Messrs.  Cyrus  Hall, 

William  B.  Aston,  Alpheus  F.  Haymondy 

George  Baylor,  Jonathan  M.  Heck, 


372 


JOURNAL   OF   THE   CONVENTIOl^. 


Messrs.  George  W.  Berlin, 
George  Blow,  Jr. 
William  W.  Boyd, 
William  G.  Brawner, 
George  W,  Brent, 
Benj.  W.  Byrne, 
.lohn  A.  Campbell, 
.John  A.  Carter, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samncl  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  E.  Cowan, 
William  P.  Cooper, 
C.  J.  P.  Cresap, 
Harvey  Deskins, 
James  B.  Dorman, 
Miers  W.  Fisher, 
Napoleon  B.  French, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Algernon  S.  Gray, 
William  L.  Goggin, 
John  Goode,  Jr. 

Mr.  Blakey,  from  the  committee  to  whom  was  referred  *'a 
portion  of  the  communication  of  the  Governor  of  the  Connnon- 
wealth,"  presented  on  the  19th  instant,  presented  an  ordinance, 
which  was,  under  the  rule,  laid  upon  the  table,  and  ordered  to 
be  printed. 

On  motion  of  Mr.  Kent  the  Convention  adjourned. 


Messrs.  J.  G.  HoUaday, 
George  W.  Hull, 
Lewis  D.  1  shell, 
Peter  C.  Johnston, 
Robert  C,  Kent, 
John  J.  Kindred, 
Edward  D.  McGuire, 
Paul  McNeil, 
Jefferson  T.  Martin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Stephen  A.  Morgan, 
Logan  Osburn, 
Wm.  Ballard  Preston, 
Samuel  Price, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
Franklin  P.  Turner, 
Edward  Waller, 
Sam'l  C.  Williams, 
Samuel  Woods, 
John  B.  Young— 60. 


JOURNAL  OF  THE   CONVENTION.  387 


•  Wednesday,  November  27,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Dr.  Burrows?,  of  the  Baptist  Church. 

Mr.  Morris,  from  the  Committee  ''to  inquire  into  the  loyalty 
of  Judge  Edward  P.  Pitts,"  presented  a  report,  which  was  laid 
lipon  the  table,  and  ordered  to  be  printed. 

Mr.  Pendleton,  of  Ohio,  indicated  that  at  the  proper  time  he 
would  submit  the  following  amendment  to  the  report  of  the 
Committee  ''On  Amendments  to  the  Constitution,"  which,  on 
his  motion,  was  laid  upon  the  table,  and  ordered  to  be  printed: 

"All  free  white  persons,  born  in  this  State;  all  free  white  persons  born  in  any 
other  State  of  this  Confederacy,  who  may  be,  or  become,  residents  of  this  State; 
all  aliens,  being  free  white  persons,  naturalized  under  the  laws  of  the  Confeder- 
ate States,  who  may  be,  or  become,  residents  of  this  State;  all  persons  who  have 
obtnined  a  right  to  citizenship  under  former  laws,  and  all  children,  wherever 
born,  whose  father,  or  if  he  be  dead,  whose  mother,  shall  be  a  citizen  of  this 
State  at  the  time  of  the  birth  of  such  children,  shall  be  deemed  citizens  of  this 
Slate;  but  no  pcr>on  shall  be  deemed  a  citizen  of  this  State  who  has  given,  or 
may  hereafter  give,  any  aid  in  establishing,  without  authority  of  the  Legislature, 
any  governnrient  within  the  limits  of  this  State,  separate  from  the  existing  go- 
vernment, or  holding  or  executing,  in  such  usurped  government,  any  office,  post, 
place  of  trust  or  emolument,  legislative,  executive  or  judicial,  civil  or  military." 

Mr.  Randolpft,  from  the  Committee  "for  the  Reorganization 
of  the  Militia,"  presented  amendments  to  the  "Ordinance  for 
Reorganization  of  the  Militia,"  which  were  laid  upon  the  table, 
and  ordered  to  be  printed. 

On  motion  of  Mr.  Dokman,  the  ordinance  "for  the  effectual 
defence  of  the  .State,"  submitted  by  him  on  the  25th  instant, 
was  referred  to  the  "  Committee  on  Military  Affairs." 

Mr.  Price,  from  the  committee  to  whom  was  referred  the  let- 
ter of  the  Secretnry  of  War  of  this  Confederate  States,  presented 
an  ordinance,  which  was  laid  upon  the  table,  and  ordered  to  be 
printed. 

On  motion  of  Mr.  Tyler,  the  Convention  went  into  secret 
session. 

After  sometime  passed  in  secret  session  the  doors  were  again 
opened. 

Mr.  Blakey  submitted  the  following  resolution,  which,  on 
motion  of  Mr.  Stuart,  was  laid  upon  the  table: 

Resolredy  That  hereafter  the  amendments  to  the  Constitution  shall  be  the  order 
of  the  day  from  1]^  o'clock,  A.  M.,  until  otherwise  provided. 

The  hour  having  arrived  for  the  execution  of*  the  order  of* 
the  day,  the  consideration  of  the  report  of  the  Committee  "on 
Amendments  to  the  Constitution,"  was  resumed. 
1 


388 


JOURNAL   OF   THE   CONYENTIOi?". 


The  unfinished  business  being  the  consideration  of  the  5th 
section  of  Art.  YI, 

Mr.  Graham  moved  to  further  amend  the  section,  by  striking 
out  all  after  the  word  "offices,"  in  the  third  Une,  down  to  the 
•word  "or,"  in  the  fourth  Hne,  and  inserting  the  following:  "for 
the  term  of  twelve  years." 

The  question  being  put,  was  decided  in  the  negative — yeas 
34;  nays  74. 

On  motion  of  Mr.  Graham,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  tiie  afiirmative  are — 


Messrs.  Wilham  B.  Aston, 
George  W.  Berlin, 
Manihus  Chapman, 
Samuel  A.  Cotfman, 
Bajiliael  M.  Conn, 
0.  13.  Conrad, 
Rol)crt  Fi.  Cowan, 
"NViihuiH  P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
John  Critcher, 
W.  H.  B.  Cnstis, 
Kapoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  li.  Graliam, 
Robert  E.  Grant, 
Cyrus  Hall, 


Messrs.  Alpheus  F.  Haymond, 
Jonathan  M.  Heck, 
Robert  C.  Kent, 
Edw'd  1).  McGuire, 
Paul  McNeil, 
J.  \V.  Marshall, 
J.  T.Martin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Stephen  A.  Morgan, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
Timothy  Rives, 
John  A.  Robinson, 
James  VV.  Shetfey, 
Burwcll  Spurlock, 
Samuel  Woods — 34. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  R  L. Montague  fPres/j  Messrs. 
William  M.  Ambler, 
Edward  M.  Armstrong, 
James  Barbour, 
George  Baylor, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
James  Boissuau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  VV^  Boyd, 
William  G.  Brawner, 
George  W.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 


John  Janney, 
Marmaduke  Johnson, 
John  R.  Kilby, 
John  J.  Kindred, 
William  H.  Macfarland, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Horatio  G.  ]Moffett, 
Edmund  T.  Morris, 
Samuel  McI).  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Logan  Osburn , 
Wm.  Ballard  Preston, 
Samuel  Price, 


JOURNAL  or  THE  CONVENTION.         389 

Messrs.  John  A.  Campbell,        Messrs.  David  Piigh, 

Allen  T.  Caperton,  George  W.  Randolph, 

John  A.  Carter,  Thon.as  .1.  Randolph, 

Edw'd  R.  Chambers,  Peter  Saunders,  Sr. 

John  R.  Chambliss,  John  T.  Seawell, 

Robert  Y.  Conrad,  John  D.  Sharp, 

James  B.  Dorman,  Thomas  Sitlington, 

William  H.  Dulany,  Charles  R.  Slaughter, 

Miers  VV.  Fisher,  John  M.  Speed, 

Thomas  S.  Flournoy,  Samuel  G.  Staples, 

Samuel  M.  Garland,  Alex.  H.  H.  Stuart, 

H.  L.  Gillespie,  George  P.  Tayloe, 

Peyton  Gravely,  John  T.  Thornton, 

John  Goode,  Jr.  VViUiam  M,  Tredway, 

Addison  Hall,  Robert  H.  Turner, 

L.  S.  Hall,  Franklin  P.  Turner, 

John  N.  Hendren,  John  Tyler, 

James  P.  Holcombe,  Edward  Waller, 

J.  G.  Holladay,  William  White, 

George  W.  Hull,  Robert  H.  Whitfield, 

Lewis  D.  Is  bell,  Benj.  F.  Wysor — 74. 

Mr.  Haymond  moved  to  further  amend  the  section,  by  striking 
out  all  after  the  word  ''offices,"  in  the  third  line,  down  to  the 
word  "or"  in  the  fourth  line,  and  inserting  the  following:  ''for 
such  term  or  terms  as  the  General  Assembly  may  prescribe." 

Mr.  Wysor  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  amendment  submitted  by 
Mr.  Haymond,  was  put,  and  decided  in  the  negative. 

The  question  recurred  upon  the  adoption  of  the  section,  as 
amended. 

Mr.  KiLBY  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  adoption  of  the  section,  as 
amended,  was  put,  and  decided  in  the  affirmative — yeas  81  j 
nays  25. 

On  motion  of  Mr.  Sheffey,  the  vote  was  recorded  as  follows; 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.  L.  Montague  (Pre5^)  Messrs.  Lewis  D.  Tsbell, 

William  M.  Ambler,  John  Janiiey, 

Edward  M.  Armstrong,  Marmaduke  Johnson, 

William  B.  Aston,  John  R.  Kilby, 

James  Barbour,  John  J.  Kindred, 

George  Baylor,  Paul  McNeil, 

George  W.  Berlin,  William  H.  Macfarland, 


390 


JOURNAL  OF   THE  CONVENTION. 


Messrs.  Angus  R.  Blakey^ 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
Wood  Bouldin, 
William  W.  Boyd, 
William  G.  Brawner, 
George  W.  Brent, 
James  V.  Brooke, 
Benj.  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
Edward  R.  Chambers, 
John  R.  Chambliss, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  II.  Cox, 
John  Critcher, 
Harvey  Dcskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Addison  Hall, 
L.  S.  Hall, 
John  N.  Hendren, 
James  P.  Holcombe, 
J.  G.  Holladay, 
George  W.  Hull, 


Messrs.  J.  W.  Marshall, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
I/ogan  Osburn, 
AVilliam  Ballard  Preston, 
Samuel  Price, 
David  Pngh, 
George  VY.  Randolph, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
John  T.  Seawell, 
John  D.  Sharp, 
Thomas  Sitlington, 
Charles  P..  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
Alex.  K.  H.  Stuart. 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Robert  H.  Whitfield, 
Benj.  F.  Wysor— 81. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs,  Manilius  Chapman, 
Samuel  A.  Cotfman, 
Raphael  M.  Conn, 
William  P.  Cooper, 
C.  J.  B.  Cresap, 
W.  H.  B.  Custis, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  L.  Graham, 
Robert  E.  Grant, 


Messrs.  Edward  D.  McGuire, 
J.  T.Martin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Stephen  A.  Morgan, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
Timothy  Rives, 
John  A.  Robinson, 
James  W.  Sheffey, 


JOURNAL   OF  THE  CONYENTIOlf,  891 

Messrs.  Alpheus  F.  Haymond,  Messrs,  Burwell  Spurlock, 
J.  M.  Heck,  Samuel  Woods— 25. 

Robert  0.  Kent, 

The  6th  section  was  then  read  and  passed  by  without  objec" 
tion. 

The  Secretary  then  proceeded  to  read  the  7th  section. 

Mr.  Stuart  moved  to  amend  the  section,  by  inserting  after 
the  word  '^thereof,"  in  the  third  line,  the  following:  *'in  such 
manner  as  may  be  prescribed  by  law." 

The  question  being  put,  was  decided  in  the  affirmative. 

The  section,  as  amended,  was  then  adopted. 

The  Secretary  then  proceeded  to  read  the  8th  section. 

Mr.  Carter  moved  to  amend  the  section,  by  striking  out  all 
after  the  word  ''by"  in  the  second  line,  down  to  the  word 
''except,"  in  the  third  line,  and  inserting  the  following:  ''three 
justices  of  the  peace." 

The  question  being  put,  was  decided  in  the  affirmative. 

The  section,  as  amended,  was  then  adopted. 

The  Secretary  then  proceeded  to  read  the  8th  section. 

Mr.  Bi.AKEY  moved  to  amend  the  section,  by  striking  out  all 
from  the  beginning  down  to  "  the,"  in  the  sixth  line  and  insert- 
ing the  amendment  indicated  by  him,  on  the  25th  instant. 

Mr.  Brooke  moved  to  amend  the  amendment,  by  striking  out 
the  word  "thereof,"  in  the  third  line,  and  inserting  the  words 
"  in  the  county." 

Mr.  Caprrton  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  amendment  submitted  by 
Mr.  Brooke,  was  put,  and  decided  in  tlie  negative. 

Mr.  Chambliss  moved  to  amend  the  original  section,  by 
filling  the  blank  with  the  word  "eight." 

Mr.  PuGH  moved  to  amend  the  amendment,  by  filling  the 
blank  with  the  word  "twelve." 

The  question  was  put  upon  the  amendment  substituted  by 
Mr.  PuGH,  and  decided  in  the  affirmative. 

The  question  tiien  recurred  upon  the  amendment  submitted 
by  Mr.  Blakey. 

Mr.  Caperton  demanded  the  previous  question,  which  was 
sustained. 

Mr.  Price  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  decided  in  the  negative — yeas  26; 
nays  83. 

On  motion  of  Mr.  Cowan,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.Ij. Montague (Presi)  Messrs.  Marmaduke  Johnson, 
James  Barbour,  ).  T.  Martin, 


392 


JOUENAL   OF  THE   CONVENTIOlsr. 


Messrs.  Angus  R.  Blakey, 
Wood  Bouldin, 
Thomas  Branch, 
Benjamin  W,  Byrne, 
Frederick  M.  Cabell, 
Edward  R.  Chambers, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Samuel  L.  Graham, 
John  Goode,  Jr. 
Addison  Hall, 


Messrs.  Horatio  G.  MofFett, 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
George  W.  Randolph, 
John  T.  Seawell, 
Charles  R.  Slaughter, 
John  M.  Speed, 
■William  M.  Tredway, 
John  Tyler, 
Benj.  F.  Wysor— 26. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  William  M.  Ambler,       Messrs. 
Edw'd  M.  Armstrong, 
William  B.  Aston, 
George  Baylor, 
George  W.  Berlin, 
George  Blow,  Jr. 
James  Boisseau, 
Peter  B.  Borst, 
William  W.  Boyd, 
William  G.  Brawner, 
George  W.  Brent, 
James  V.  Brooke, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
William  P.  Cecil, 
John  R.  Chambliss, 
Manilius  Chapman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Robert  E.  Cowan, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
John  Critcher, 
W.H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 


James  P.  Holcombe, 
J,  G.  Holladay, 
George  W.  Hull, 
Lewis  D,  Isbell, 
John  Janney, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Edward  D.  McGuire, 
Paul  McNeil, 
Charles  K.  Mallory, 
J.  W.  Marshall, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Stephen  A,  Morgan, 
William  J.  Neblett, 
Logan  Osburn, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
William  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
Thomas  J.  Randolph, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 


JOUENAL  OF  THE  CONVENTION.         393 

Messrs.  Muscoe  R.  H.  Garnett,  Messrs.  George  P.  Tayloe, 

Robert  E.  Grant,  John  T.  Thornton, 

Peyton  Gravely,  Franklin  P.  Turner, 

Algernon  S.  Gray,  Edward  Waller, 

L.  S.  Hall,  William  White, 

Lewis  E.  Harvie,  Robert  H.  Vv  hitfield, 

Alphens  F.  Ilaymond,  Samuel  Woods, 

John  N.  Hendren,  John  B.  Young — S3. 
J.  M.  Heck, 

Mr.  TuHNKR,  of  Jackson  and  Roane,  moved  to  furtlier  amend 
the  section,  by  striking  out  all  from  the  beginning  down  to 
"The,"  in  the  sixth  line,  and  inserting  the  following: 

"At  the  expiration  of  the  term  of  service  of  the  justices  now  in  commission, 
four  justices  of  (he  peace  for  each  district  shall  he  chosen  hy  tiie  qualihed  voters 
thereof,  in  the  mode  prescribed  by  law,  who  shall  be  commissioned  by  the  Go- 
vernor, reside  in  their  respective  districts,  and  hold  their  offices  dnrin;:;  good  be- 
havior. Wliencver  hereafter  a  vacancy  shall  occur  in  the  office  of  justice  of 
the  peace  in  any  district,  or  an  increase  in  the  number  of  justices  for  any  county 
may  be  authorized  by  law,  such  vacancy  may  be  filled  and  such  increase  made 
by  the  appointment  of  the  Governor,  upon  the  recommendation  of  the  county, 
court, — the  justices  thereof  having  been  previously  summoned  for  that  purpose, 
and  a  majority  being  actually  present  and  voting  upon  such  recommendation." 

Mr.  Whitfield  demanded  the  previous  question,  which  was 
sustained. 

Mr.  Preston  demanded  a  division  of  the  question,  and  it  was 
put  upon  striking  out,  and  decided  in  the  negative. 

Mr.  Price  moved  to  further  amend  the  section,  and  sub- 
mitted the  amendment  indicated  by  him  on  the  16th  instant. 

The  question  being  put,  was  decided  in  the  afTirinative. 

The  blanks  in  the  amendment  were  then  filled,  so  as  to  read 
as  follows: 

"After  'years'  in  tlie  6th  line,  insert,  "at  the  first  court  after  the  election  and 
qualification  of  the  justices  under  this  Constitution,  or  as  soon  thereafter  as  may 
be,  they  shall  be  divided  into  four  classes;  each  class  to  consist  of  one  justice 
from  each  district  to  be  numbered  by  lot.  The  term  of  service  of  the  first  class 
shall  expire  at  the  end  of  three  years;  of  the  second  class  at  the  expiration  of 
six  years;  of  the  third  class  at  the  expiration  of  nine  years;  and  of  the  fuurtb 
class  at  the  expiration  of  twelve  years;  and  thus  alternation  shall  be  continued, 
so  that  one-fourth  of  the  justices  may  be  chosen  every  twelfth  year." 

Mr.  Havmond  moved  to  further  amend  the  section,  by  stiik- 
ing  out  all  after  the  word  ''years,"  in  the  sixth  line,  down  to 
the  word  "whose,"  in  the  eighth  line, and  inserting  the  follow- 
ing: 

"The  presiding  justices  of  the  county  courts  shall  be  elected  by  the  voters  of 
the  respective  counties,  and  their  salaries  shall  be  (iXcd  by  the  General  Assem- 
bly and  paid  out  of  Uie  county  levy,  and  the  term  of  their  oflice  shall  be 
years." 

The  question  being  put,  was  decided  in  the  negative. 


394  JOURNAL   OF   THE   CONVENTION. 

Mr.  Speed  moved  to  further  amend  the  section,  by  adding  to 
he  amendment  submitted  by  Mr.  Price,  the  following: 

"  Vacancies  occurring  in  the  office  of  justice  after  the  first  election,  shall  be 
filled  by  the  justices  of  the  county,  having  been  first  assembled  for  the  purpose, 
and  a  majority  of  those  present  shall  be  necessary  to  make  an  election. 

Mr.  Price  moved  to  amend  the  amendment,  by  addin.?  there- 
to the  following:  "  the  tcnn  of  the  justice  so  elected  shall  ex- 
pire at  the  end  of  the  term  for  which  his  predecessor  was  elected." 

The  (jucstion  being  put,  was  decided  in  the  aflirniative. 

The  amendment  submitted  by  Mr.  Speed,  was  then  adopted. 

Mr.  Randolph,  of  Albemarle,  moved  to  further  amend  the 
section  by  adding  thereto  the  following: 

"  That  at  their  June  court  tho  magistrates  of  "ach  county  shall  elect  mem- 
bers of  their  own  body,  to  constitute  a  police  court  for  the  ensuing  twelve 
months,  who  shall  be  specially  charged  with  tlie  superintendence  of  roads, 
bridges  and  all  subjects  involving  the  appropriation  and  expenditure  from  the 
county  treasury.  Any  act  of  this  body  may  he  revised,  amended  or  rejected  by 
the  regular  court — the  parties  being  personally  summoned  for  the  purpose." 

Tlie  qupstion  l)cing  put,  was  decided  in  the  negative. 

Mr.  PiacE  moveiJ  to  further  amend  the  secrion,  by  inserting 
after  the  word  '< shall,"  in  the  sixth  UnO)  the  words  "every 
liiird  year." 

Mr.  Harvie  moved  to  amend  the  amendment,  by  inserting 
*' twelve,"  in  lieu  of  'Uhree."     Negatived. 

Mr.  Cecil  moved  to  amend  the  amendment,  by  inserting 
"six,"  in  lien  of  "three."     Negatived. 

The  amendment  submitted  by  Mr.  Price  was  then  rejected. 

Mr.  Mokfett  moved  to  further  amend  the  .section,  by  insert- 
ing after  the  word  "county,"  in  the  eighth  line,  the  following: 
"  who  shall  hold  iiis  office  during  the  term  f)r  which  he  was 
elected  a  justice." 

The  (luestion  being  put,  was  decided  in  the  negative. 

Mr.  Young  moved  to  further  amend  the  amendment  by  add- 
ing to  the  section  the  following  : 

"  But  no  election  of  jiistices  shall  beheld  within  thirty  days  of  the  lime  of  hold- 
ing any  election  of  electors  of  President  and  Vice  President  of  the  Confederate 
States,  or  members  of  Congress,  or  of  the  General  Assembly." 

Mr.  Maslin  moved  to  amend  the  amendment  by  striking  out 
all  after  the  words,  "  Confederate  States."     Negatived. 

The  question  then  recurred  upon  the  amendment  submitted  by 
Mr.  Young. 

Mr.  Whitfield  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  amendment  submitted  by 
Mr.  Young,  was  put,  and  decided  in  the  negative. 


JOURNAL  OF  THE  CONVENTION.  385 

Mr.  Berlin  moved  to  further  amend  the  section,  by  way  of 
substitute,  by  striking  out  the  whole,  and  inserting  the  following: 

"  Each  county  shall  be  laid  off  into  districts,  as  nearly  equal  as  may  be  in  ter- 
ritory and  population,  for  each  of  which,  two  justices  ol  tiic  peace  shall  be  elect- 
ed by  the  county  court,  who  shall  be  commissioned,  by  the  Governor,  reside  in 
their  respective  districts,  and  shall  hold  their  offices  during;  good  behavior.  But 
all  ihe  justices  of  the  counfy  shall  be  summoned,  and  a  majority  shall  be  present 
lo  hold  such  election,  and  all  vacancies  shall  he  filled  in  like  manner;  the  justices 
now  in  office  to  remain  in  office  until  their  several  terms  shall  expire.  But  at 
least  one  half  of  the  justices  so  elected  at  the  first  election  to  be  held  by  the  coun- 
ty courts,  under  this  constitution,  shall  not  be  taken  from  the  justices  now  in  of- 
fice. The  justices  of  each  county  shall  select  one  of  their  own  body  lo  be  the 
presiding  justice  of  the  county  court  of  their  county,  whose  duty  it  shall  be  to  at- 
tend each  term  of  the  said  court.  The  other  justices  shall  be  classified  by  law 
for  the  performance  of  their  duty  in  court." 

The  question  being  put,  was  decided  in  the  negative. 

Mr,  Flouknoy  nijjved  to  further  amend  the  section,  by  striking 
out  that  part  embracing  Mr.  Speed's  amendment,  asamended  by 
Mr.  Price,  and  inserting  the  following: 

•'After  the  first  general  election  of  justices,  all  vacancies  occurring  in  the  of- 
fice of  justice  in  any  county,  whether  by  expiration  of  the  term  of  office,  death, 
removal  from  office  or  otherwise,  shall  be  filled  by  the  justices  of  such  county — 
all  the  acting  justices  of  the  county  having  been  first  summoned  for  the  purpose, 
and  a  majority  of  the  whole  number  being  actually  present." 

Pending  which,  on  motion  of  Mr.  Branch,  the  Convention 
adjourned. 


ifOURJfAL   OF   THE   CONVEIfTIO^.  373 


Monday,  November  2oj  ]  861 . 

^he  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Dr.  Burrows,  of  the  Baptist  Church. 

Mr.  Haymond,  from  the  Committee  of  Elections,  presented  a 
teport  "  in  relation  to  vacancies  in  the  General  Assembly  of  Vir- 
ginia," which  was  laid  upon  the  table  and  ordered  to  be  printed* 

Mr.  Mallory,  of  Elizabeth  City,  moved  to  take  up  a  resolu- 
tion submitted  by  Mr.  Morris,  on  the  22d  inst. 

The  question  being  put,  was  decided  in  the  affirmative. 

The  resolution  after  being  amended,  so  as  to  read  as  follows j 
was  adopted: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  President  to  inqure  into 
the  loyalty  of  Judge  Edward  P.  Pitts  to  the  State  of  Virginia  and  the  Confed- 
erate States,  and  that  such  committee  have  power  to  send  for  papers. 

The  President  announced  the  following  members  on  said 
committee:  Messrs.  Morris,  Mallory,  of  Elizabeth  City,  Custis, 
Slaughter  and  Turner,  of  Warran. 

Mr.  Stuart  moved  to  take  up  an  ordinance  "  Relative  to  the 
promotion  and  election  of  company  officers  of  volunteers  in  ac- 
tual service;" — laid  upon  the  table  29th  June  last — and  the  ques- 
tion being  put,  it  appeared  that  no  quorum  was  present. 

On  motion  of  Mr.  Fisher,  a  call  of  the  House  was  ordered  to 
ascertain  if  a  quorum  was  present. 

The  roll  was  then  called,  and  the  following  members  responded 
to  their  names: 

Messrs.  R.  h.  Montague  ( Prcst )  Messrs.  Lewis  D.  Isbell, 

William  M.  Ambler,  John  Janney, 

Edward  M.  Armstrong^  Marmaduke  Johnson, 

William  B.  Aston,  Robert  C.  Kent, 

.Tames  Barbour,  John  J.  Kindred, 

George  W.  Berlin,  Edward  D.  McGuire, 

Angus  R.  Blakey,  Paul  McNeil, 

Wood  Bouldin,  Charles  K.  Mallory, 

William  W.  Boyd,  James  B.  Mallory, 

William  G.  Brawner,  Jacob  W.  Marshall^ 

George  W.  Brent,  James  Marshall, 

Benj.  W.  Byrne,  Jefierson  T.  Martin, 

Frederick  M.  Cabell,  Thomas  Maslin, 

John  R.  Chambliss,  Horatio  G.  Moffett, 

Samuel  A.  Coffman,  Edmund  T.  Morris, 

Raphael  M.  Conn,  Stephen  A.  Morgan, 

C.  B.  Conrad,  Samuel  McD.  Moore, 

Robert  E.  Cowan,  William  J.  Neblett, 


374 


JOURNAL   OF   THE   COITrENTIOK. 


Messrs.  Logan  Osburri^ 

William  C.  Parks, 
Joseph  H.  Pendleton, 
Samuel  Price, 
David  Pugh, 
James  W.  ShefFey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
William  T.  Sutherlin, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  Woods, 
Benj.  F.  Wysor. 


Messrs.  William  P.  Cooper, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 

Alpheus  F.  Haymond, 
John  N.  Hendren, 
Jonathan  M.  Heck, 
James  P.  Holcombe, 
J.G.  Holladay, 
George  W.  Hull, 

A  quorum  being  present, 

On  motion  of  Mr.  Mallory,  of  Brunswick,  all  further  pro- 
ceedings under  the  call  were  dispensed  with. 

The  President  presented  a  communication  from  the  Execu- 
tive of  the  Commonwealth,  "  in  relation  to  the  transfer  of  pro- 
perty to  the  Confederate  States,"  which  was  ordered  to  be  re- 
ferred to  the  Committee  ^*on  Foreign  Relations." 

Mr.  Moore,  from  the  Committee  "  to  provide  against  the 
sacrifice  of  property,"  presented  an  ordinance  *^to  provide 
against  the  sacrifice  of  property,  and  to  repeal  an  ordinance 
passed  on  the  30th  day  of  April  last,"  entitled  an  ordinance,  to 
prevent  the  sacrifice  of  property,  and  suspend  proceedings  in 
certain  cases,  which  was  laid  upon  the  table  and  ordered  to  be 
printed. 

Mr.  DoRMAN  presented  "an  ordinance  for  the  effectual  defence 
of  the  State,"  which  was  laid  upon  the  table  and  ordered  to  be 
printed . 

On  motion  of  Mr.  Blakey,  the  following  resolution  was 
adopted : 

Resolved,  That  the  Governor  of  this  Commonwealth  is  requested  to  communi- 
cate to  this  Convention  in  secret  or  open  session,  as  to  him  may  seem  proper, 
any  correspondence  which  has  been  held  between  the  authorities  of  Virginia  and 
of  the  Confederate  States,  in  regard  to  muskets  or  other  arms  belonging  to  this 
t  State,  which  have  been  collected  and  are  held  bj  the  Confederate  Government. 


JOURNAL  OF  THE  CONVENTION.'*  375 

Mr.  Blakey  indicated  that  at  the  proper  time  he  would  submit 
the  followmg  amendment  to  the  report  of  the  Committee  on 
♦^Amendments  to  the  Constitution,"  which,  on  his  motion,  was 
laid  upon  the  table  and  ordered  to  be  printed: 

9.  Each  county  shall  be  laid  off  into  districts,  as  nearly  equal  as  may  be  in  ter- 
ntory  and  populat.on.  In  each  district  four  justices  of  the  peace  shalf  be  cfosen 
bj  the  qualified  voters  thereof,  who  shall  be  commissioned  by  the  Governor  re- 
side  in  the.r  respective  districts,  and  hold  their  offices  during  good  behav'ior. 
Those  who  may  be  in  office  on  the  day  of  1862  fhall  remain  iri 

fill  "a  tt  '''^'?''°"  '^//^'^  ^^™^'  '°  ''  -^'^^rt.lne^  by  lit'a^  hereTn'pro" 
vided.     At  the  term  of  the  county  court  of  each  county,  or  as  soon  there- 

fu  u'ces'  ZL'' f'  f  fht.1"^*":^/ having  been  first  summoned  for  thatpurpose  fhe 
on.  i,l.ii  ?  '  ^^^l  be  divided  into  four  classes,  each  class  to  be  composed  of 
one  justice  from  each  district,  to  be  numbered  by  lot.  The  term  of  service  of  the 
f««l    rV'l?  l^'^P''"  ^^  ^l"^  *^"^  °^  y^^^''  ^'om  the  day  of 

thpi'nH  .f  "''"'"'^  ""i^'u  ^^  V^V"^  °^  y««'"«'  t''at  of  the  third  class  at 

the  end  of  years,  and  that  of  the  fourth  class  at  the  end  of  years 

On  motion  of  Mr.  Conrad,  of  Frederick,  the  President  was 
dn-ected  to  fill  vacancies  existing  in  the  Committee  on  Foreign 
Kelations.  ° 

The  President  announced  the  following  members  on  said 
committee:  xMessrs.  Stuart,  Bouldin,  Martin,  Speed,  Seawell. 
Holcombe,  Pendleton,  of  Ohio,  and  Chambliss. 

The  hour  having  arrived  for  the  execution  of  the  order  of  the 
day,  the  consideration  of  the  report  of  the  "  Committee  on 
Amendments  to  the  Constitution"  was  resumed. 

The  Secretarv  proceeded  to  read  the  report,  the  unfinished 
business  being  the  2d  section  of  Article  V. 

Mr.  Moffett  moved  to  amend  the  section  by  striking  out  all 
alter  the  word  "  elected"  in  the  11th  line  down  to  ''  contested  " 
in  the  14th  line  and  insert  the  foUowings  ''  if  such  number  be  a 
majority  of  the  whole  number  of  votes  cast.  And  if  no  person 
have  such  majority,  then  from  the  persons  having  the  highest 
number  of  votes,  not  exceeding  three,  the  General  Assembly 
shall  be  a  joint  vote  of  the  two  houses  elect  the  Governor." 

Mr.  Barbour  demanded  the  previous  question,  which  was 
sustained. 

Mr.  Martin  demanded  a  division  of  the  question,  and  it  was 
put,  upon  striking  out,  and  decided  in  the  affirmative— veas  76- 
nays  21.  .  "^  ' 

On  motion  of  Mr.  Haymond,  the  vote  was  recorded  as  follows; 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.  L.  Montague  ('Pres^;  Messrs.  George  W.  Hull, 
William  M.  Ambler,  Lewis  D.  Lsbell, 

Edw'd  M.  Armstrong,  John  Janney, 

William  B.  Aston,  John  J.  Kindred, 

James  Barbour,  Paul  McNeil, 

George  Baylor,  William  H.  Macfarland, 


376 


JOURNAL  OF  THE  CONVENTION. 


Messrs.  Angus  R.  Blakey, 
George  Blow,  Jr. 
Wood  Bouldin, 
William  W.  Boyd, 
William  G.  Brawner, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
John  R.  Chambliss, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Robert  Y.  Conrad, 
James  H.  Cox, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Peyton  Gravely, 
Algernon  S.  Gray, 
John  Goode,  Jr. 
Addison  Hall, 
L.  S.  Hall, 
John  N.  Hendren, 
James  P.  Holcombe, 


Messrs.  Charles  K.  Mallory, 
James  B.  Mallory, 
J.  W.  Marshall, 
James  Marshall, 
Thomas  Maslin, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
William  J.  Neblett, 
Hugh  M.  Nelson, 
Logan  Osburn, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
William  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Peter  Saunders,  Sr. 
James  W.  Sheffey. 
Thomas  Sitlinglon, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Robert  H.  Whitfield, 
Benj.  F.  Wysor 
John  B.  Young — 76. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  George  W.  Berlin, 
George  W.  Brent, 
William  P.  Cecil, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  E.  Cowan, 
C.  J.  P.  Cresap, 
Samuel  L.  Graham, 
Cyrus  Hall, 
Alphens  F.  Haymond, 
J.  M.  Heck, 


Messrs.  J.  G.  HoUaday, 
Robert  C.  Kent, 
Edward  D.  McGuire, 
J.  T.  Martin, 
Henry  H.  Masters, 
Stephen  A.  Morgan, 
Timothy  Rives, 
Burwell  Spurlock, 
Franklin  P.  Turner. 
Samuel  Woods — 21, 


JOURNAL  OF  THE  CONVENTION.  377 

The  question  then  recurred  upon  filling  the  amendment,  sub- 
mitted by  Mr.  Moffett. 

The  question  being  put,  was  decided  in  the  affirmative. 

The  section,  as  amended,  was  then  adopted, 

Mr.  Stuart  moved  to  amend  the  third  section,  by  inserting 
after  the  word  "of,"  in  the  second  Hue,  tlie  words  "  one  of." 

The  question  being  put,  was  decided  in  the  affirmative. 

The   succeeding  sections   of  Art.  Y.   were  then   read,  and 
passed  by. 

The  first  section  of  Art.  VI.  was  then  read. 

Mr.  Wysor  moved  to  strike  out  the  whole  of  the  first  section, 
and  nisert  the  following- 

"The  judicial  power  siiall  be  vested  in  one  Supreme  Court  of  Appeals,  in  such 
superior  courts  as  the  General  Assembly  may,  from  time  to  time,  ordain  and  es- 
tablish, and  m  justices  of  the  peace," 

Pending  which,  on  motion  of  Mr.  Kent,  the  Convention  ad- 
journed. 


JOURNAL   OF   THE    CONVENTION.  379 


Tuesday,  November  26,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 
Prayer  by  tlie  Rev.  Dr.  Barrows,  of  the  Baptist  Church. 
On  motion  of  Mr.  Randolph,  of  the  city  of  Richmond,  the 
following  resolution  was  adopted: 

Jiesolvc(f,  Thot  the  furlher  calling  of  the  Committees  be  dispensed 

with,  and  that  from  and  after  to-day,  the  ordinance  for  the  reorganization  of  the 
militia  be  made  the  order  of  the  day  during  tiic  morning  hour,  until  the  consid- 
eration thereof  shall  be  completed. 

Mr.  Chambliss  asked  to  be  excused  from  serving  on  the  com- 
mittee on  "Foreign  Relations,"  and  the  President  announced 
Mr.  Kindred  in  his  stead. 

Mr.  Barbour  presented  the  fallowing  letter  from  General  T. 
8.  Haymond,  which  was  read  and  ordered  to  be  entered  upon 
the  journal: 

Richmond,  Va.,  Nov.  26,  1861. 
James  Barbour,  Esq.,  Virginin  Conrenfinn: 

Dear  Sir: — Mr.  Dorman,  of  Rockbridge,  a  member  of  your  body,  on  yester- 
day, in  discussion,  misrejiresented  me,  (unintentionally,  no  doubt.)  The  Gover- 
nor and  Council  never  advised  that  troops  should  be  sent  to  North-western  Vir- 
ginia, while  I  was  a  member  of  the  Advisory  Council,  as  represented  by  Mr. 
Dorman.  Immediately  after  I  learned  that  the  ordinance  of  secession  had 
passed,  I  sent  Major  William  P.  Thom]ison,  of  the  county  of  Marion,  to  ttie  seat 
of  government,  with  a  requisition  for  arms,  and  authority  to  call  out  the  militia 
in  Norlh-West  Virginia,  with  a  view  of  taking  possession  of  the  two  rail  roads, 
the  one  terminating  at  Parkersburg  and  the  other  at  the  city  of  Vv'heelirig,  to  pre- 
vent their  use  by  the  enemy  in  case  of  invasion,  with  a  determination  to  destroy 
these  roads  at  points  near  the  Ohio  and  in  the  mountains,  if  necessary,  for  our 
defence  and  protection.  For  some  cause  the  arms  were  refused.  It  may  he  that 
the  Governor  advised  with  the  Council — of  this  I  am  not  informed.  At  that  time 
three-fourths  of  tiie  people  of  Marion  County  were  in  favor  of  the  ordinance  of 
secession,  and  if  we  had  been  furnished  with  arms,  and  authority  to  call  out  the 
the  militia,  so  that  our  people  could  have  been  assured  of  the  aid  and  protection 
of  tlie  government,  1  have  no  hesitation  in  saying,  that  a  large  majority  of  tiie 
people  of  North-West  Virginia  v.'ould  have  voted  for  the  ordinance  of  secession, 
and  would  be  uow  in  arms  in  defence  of  the  State.  Those  rail  roads  atlbrded 
rapid  facilities  for  the  transportation  of  troops.  The  State  of  Ohio  had  her 
troops  at  the  termini  of  those  rail  roads,  on  the  Ohio  side  of  the  river,  ready  to 
march  into  Virginia  immediately  after  the  ratification  of  tlie  ordinance  of  seces- 
sion. This  was  made  known  to  our  people.  Many  were  induced  to  vote  against 
the  ordinance,  with  a  hope  that  they  would  not  be  interrupted  by  the  expected 
invaders.  Otliers  did  not  go  to  the  polls.  Our  people  felt  paralized.  They  had 
no  arms  of  any  consideration  to  protect  themselves.  In  conclusion,  let  me  say, 
the  Governor  and  every  member  of  the  Council  knows,  that  so  far  as  I  am  con- 
cerned, 1  urged  the  occupation  of  North-West  Virginia  with  an  armed  force,  suf- 
licient  to  protect  that  section  from  invasion,  and  I  have  no  doubt  now,  that  if  we 
liad  been  furnished  willi  arms  and  authority  to  call  out  the  militia  at  once,  we 
should  now  be  in  the  possession  of  the  most  of  that  section  of  the  State,  and 
liave  now  the  support  of  a  great  majority  of  the  people.  As  the  action  of  your 
body  will  present  a  history  of  the  times  for  my  protection,  I  hope  you  will  ask 
that  this  letter  may  be  recorded  upon  your  journal. 

Your  friend, 

T.  S.  HAYMOND. 

Mr.  SuTHELiN  indicated  that  at  the  proper  time  he  would  sub- 
mit the  following  amendment  to  the  24th  section,  Article  IV., 
1 


380  JOURNAL   OF  THE    COKTENTIOTT. 

which,  on  his  motion,  was  laid  upon  the  table  and  ordered  to  be 
printed: 

"Nor  shall  licenses  for  any  mercantile  or  manufacturing  business  (unless  the 
priviles^e  of  mariufacturing;  or  selling  by  retail ,  wine,  ardent  spirits,  or  a  mixture 
thereof  be  included  therein)  be  taxed  at  a  higher  rate  than  the  capital  employed 
in  such  business  would  otherwise  be  taxed." 

Mr.  Gray  indicated  that  at  the  proper  time  he  would  submit 
the  following  aniendment  to  the  24th  Section,  Article  IV,  which, 
on  his  motion,  was  laid  upon  the  table  and  ordered  to  be  printed: 

••But  it  shall  not  be  lawful  to  require  a  license  for  the  sale  or  use  of  any  pro- 
perty, the  value  of  which  can  be  ascertained  and  assessed  under  the  provisions 
of  the  2:2J  clause  of  this  Constitution." 

The  President  presented  two  communications  from  the  Ex- 
ecutive of  the  Commonwealth,  in  response  to  a  resolution  adopted 
on  the  23d  instant,  in  relation  "  to  the  officers  of  the  artny  and 
navy  of  the  United  States  from  Virginia,  who  have  resigned 
their  commissions  in  the  United  States  service  and  returned  to 
their  native  State,"  which  were  ordered  to  be  referred  to  the 
"Committee  on  Foreign  Relations. 

The  hour  having  arrived  lor  the  execution  of  the  order  of  the 
day,  the  consideration  of  the  report  of  the  ''Committee  on 
Amendments  to  the  Constitution,"  was  resumed.  The  unfin- 
ished business  being  the  substitute  for  the  ist  Section  of  Article 
YI,  submitted  by  Mr.  "Wysor  on  yesterday. 

Mr.  lloLCOAiBE  moved  to  further  amend  the  1st  section,  by 
striking  out  in  the  second  line  the  words  "in  the  Circuit 
Courts,"  and  inserting  the  words  "in  such  superior  Courts  as 
the  General  Assembly  may  from  time  to  tinie  ordain  and  estab- 
lish," and  to  add  to  the  1st  section,  the  following: 

•'No  law  abolishing  any  court  shall  be  construed  to  deprive  a  Judge  thereof  of 
}iis  oftice  unless  enacted  by  the  concurrent  vote  of  a  majority  of  the  members 
elected  of  both  houses  of  the  General  Assembly,  and  the  Legislature  may  assign 
otiier  judicial  duties  to  the  Judges  of  the  courts  abolished  by  a  similar  concur- 
rent vote." 

Which  was  accepted  by  Mr.  Wysor. 

Mr.  CoNKAD,  of  Frederick,  moved  to  amend  the  amendment, 
by  way  of  substitute,  by  striking  out  in  the  2d  line  the  words 
"in  the  Circuit  Court,"  and  inserting  the  words,  "such  spe- 
cial and  other  intermediate  courts,  as  may  be  hereafter  es- 
tablished by  the  Legislature,  under  this  Constitution,"  and  to 
add  to  the  section  the  following: 

"  And  may  also  establish  District  Courts  of  Chancery,  to  be  held  by  Chancel- 
lors, to  be  appointed  in  the  same  manner  and  with  like  tenure  of  office  as  the 
Circuit  Court  Judges,  not  to  exceed  six  in  number." 

]\Ir.  Preston  demanded  the  previous  question,  which  was 
sustained. 

Mr.  Martin  demanded  a  division  of  the  question,  and  it  was 
put  upon  the  first  branch  of  the  substitute  submitted  by  JMr. 
Conrad,  and  decided  in  the  negative. 


JOURNAL  OF  THE   CONVENTION,  381 

The  question  was  then  put  upon  the  second  branch  of  the 
substitute  submitted  by  Mr.  Conrad,  and  decided  in  the  nega- 
tive. 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 

HOLCOMBE. 

Mr.  Pendletox,  of  Ohio,  demanded  a  division  of  the  ques- 
tion, and  it  was  put  upon  the  first  branch  of  the  amendment 
submitted  by  Mr.  Holcumbe,  and  decided  in  the  negative. 

The  second  branch  of  the  amendment  Avas  then  withdrawn. 

Mr,  Hall,  of  Wetzel,  moved  to  further  amend  the  section  by 
striking  out  all,  beginning  Avith  the  word  "the"  in  the  fifth 
hue,  to  the  end  of  the  section. 

The  question  being  put  was  decided  in  the  negative. 

Mr.  CiiAMBLiss  moved  to  further  amend  the  section  by  insert- 
ing after  the  word  "thereof,"  in  the  10th  line,  the  words,  "or 
upon  which  the  Courts  may  be  equally  divided  in  opinion  on  a 
hearing." 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  ^Stuart  moved  to  further  amend  the  section  by  inserting 
after  the  word  ".ludges,"  in  the  7th  line,  the  words  "formed 
of  the  Judges  of  the  Supreme  Court  of  Appeals,  and  of  the  Cir- 
cuit Courts,  or  any  of  them." 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  Woods  moved  to  further  amend  the  section  by  inserting 
after  the  word  "cases,"  in  the  eleventh  line,  the  word  "  now." 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Pendleton,  of  Ohio,  moved  further  to  amend  the  section 
by  striking  out  the  word  "the,"  hi  the  second  line. 

The  qnestion  being  put,  was  decided  in  the  negative. 

The  section  as  amended  was  then  adopted. 

The  Secretary  then  proceeded  to  read  the  2d  section. 

Mr.  Price  moved  to  fill  the  blank  with  "two  hundred  dol- 
lars." 

Mr.  Haymond  moved  to  fill  the  blank  with  "one  hundred 
dollars." 

Mr.  Stuart  moved  to  fill  the  blank  with  "  three  hundred 
dollars." 

The  question  being  put,  upon  the  amendment  submitted  by 
Mr.  Stuart,  was  decided  in  the  allirmative. 

The  section  after  being  verbally  amended,  was  then  adopted. 

The  3d  section  was  then  read,  and  passed  by  without  objec- 
tion. 

The  Secretary  then  proceeded  to  read  the  4th  section. 

Mr.  Blakey  moved  to  amend  the  section  by  inserting  after  the 
word  "into"  in  the  first  line  the  words  "not  less  than" — and 
to  add  to  the  section  the  following:  "  But  the  number  of  circuits 
shall  not  be  increased,  except  by  a  concurrent  vote  of  a  majority 
of  the  members  elected  to  both  Houses  of  the  General  Assem- 
bly." 


382  JOURNAL   OP   THE   CONVENTION. 

The  question  being  put,  was  decided  in  the  affirmative. 

The  section  as  amended  was  then  adopted. 

Mr.  Stuart  moved  to  strike  out  the  rest  of  the  4th  section. 

The  question  being  put,  was  decided  in  the  affirmative. 

The  Secretary  then  proceeded  to  read  tlie  5th  section. 

Mr.  Raymond  moved  to  amend  the  section  by  inserting  after 
the  word  '^and"  in  the  second  line,  the  following:  ^'the  Judges 
of  the  Supreme  Court  of  Appeals  shall  be  appointed  for  the  term 
of  twelve  years,  and  the  Judges  of  the  Circuit  Courts  shall  be 
appointed  for  tlie  term  of  eight  years." 

The  question  being  put,  was  decided  in  the  negative. 

Mr,  Price  moved  to  amend  the  section  by  inserting  after  the 
word  ^^be"  in  the  second  line  the  M^ords  "appointed  by  joint 
vote  of  the  two  Houses  of  the  General  Assembly  and," 

Mr.  Tredway  moved  to  amend  the  amendment,  by  way  of 
substitute,  by  inserting  after  the  word  *'be,"  in  the  first  line, 
the  words  ^<^ appointed  by  the  Senate  of  Virginia." 

The  question  being  put,  was  decided  in  the  negative — yeas  4; 
nays  93. 

On  motion  of  Mr.  Woods,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Edw'd  M.  Armstrong,   Messrs.  Wm.  G.  Brawner, 

Thomas  Branch,  Wm.  M.  Tredway — 4. 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  R.L. Montague ('Pres^j  Messrs.  George  W.  Hull, 

William  M.  Ambler,  Lewis  D.  Isbell, 

William  B.  Aston,  John  Janney, 

James  Barbour,  Marmaduke  Johnson, 

George  Baylor,  Robert  C.  Kent, 

George  W.  Berlin,  John  R.  Kilby, 

Angus  R.  Blakey,  John  J.  Kindred, 

George  Blow,  Jr.  Edw'd  D.  McGuire, 

Wood  Bouldin,  Paul  McNeil, 

William  VV.  Boyd,  Charles  K.  Mallory, 

George  W.  Brent,  J.  VV.  Marshall, 

Benjamin  AV.  Byrne,  James  Marshall, 

Frederick  M.  Cabell,  J.  T.  Martin, 

John  A.  Campbell,  John  L.  Marye,  Sr. 

Allen  T.  Caperton,  Thomas  Maslin, 

John  A.  Carter,  Fleming  B.  Miller, 

William  P.  Cecil,  Horatio  G.  Moffett, 

Edw'd  R.  Chambers,  Edmund  T.  Morris, 

John  R.  Chambliss,  Stephen  A.  Morgan, 

Manilius  Chapman,  Samuel  McD.  Moore, 

Samuel  A.  Coffinan,  William  J.  Neblett, 

Raphael  M.  Conn,  Logan  Osburn, 

C.  B.  Conrad,  William  C.  Parks, 


JOURNAL   OF  THE  CONVENTIOIT. 


388 


Messrs.  Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Timothy  Rives, 
Peter  Saunders,  Sr. 
James  W.  Shefiey, 
Thomas  Sitlington, 
Chas.  R.  Slaughter, 
John  M,  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
John  T.  Thornton, 
Robert  H.  Turner, 
Edward  Waller, 
Robert  H.  Whitfield, 
Samuel  Woods, 
Benjamin  F.  Wysor, 
John  B.  Young— 93. 


Messrs.  Rob't  Y.  Conrad, 
Robert  E,  Cowan, 
James  H.  Cox, 
C.  J.  P.  Cresap, 
AV.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Thos.  S.  Flournoy, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Peyton  Gravely, 
John  Goode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 

Alpheus  F.  Haymond, 
John  N.  Hendren, 
J.  M.  Heck, 
Jas.  P.  Hoi  combe, 
J.  G.  HoUaday, 

The  question  recurred  upon  the  amendment  submitted  by  Mr. 
Price,  and  being  put,  the  amendment  was  adopted. 

Mr.  DoRMAN  moved  to  further  amend  the  section,  by  striking 
out  in  the  iirst  and  second  lines  the  words  ''of  the  Circuit 
Courts." 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Kent  moved  to  further  amend  the  section,  by  striking 
out  all  from  the  beginning  down  to  "and,"  in  the  fifth  line,  and 
inserting  the  following: 

"  Tlie  Juc]2:es  of  tlie  Supreme  Court  of  Appeals  shall  be  elected  by  joint  vote 
of  the  two  houses  of  the  General  Assembly,  and  the  Judges  of  the  Circuit  Courts 
shall  be  clecled  by  the  voters  of  tlieir  respective  circuits.  They  shall  hold 
their  offices  during  good  behavior,  or  until  they  arrive  at  the  age  of  years, 

or  until  removed  in  the  manner  prescribed  in  this  Constitution" 

Mr.  SiiEFFEY  moved  to  amend  the  amendment  by  way  of  sub- 
stitute, by  striking  out  the  whole  section,  and  inserting  the 
folio  wmg: 

"  The  Judges  of  the  Court  of  Appeals  shall  be  elected  by  a  joint  vote  of  the 
two  houses  of  the  General  Assembly,  and  shall  hold  their  oflices  for  fifteen  years 
or  until  removed  in  the  manner  prescribed  in  this  Constitution.  The  Judges  of 
the  Circuit  Courts  shall  bo  elected  by  the  people  of  their  respective  circuits,  and 
shall  hold  their  offices  for  twelve  years,  or  until  removed  in  the  manner  herein 
provided,  and  said  Judges  of  the  Supreme  Circuit  Courts  shall,  at  the  same 
time,  hold  no  other  olfice,  appointment,  or  public  trust,  aud  the  acceptance 
thereof  by  either  of  thera  shall  vacate  his  office." 


384 


JOUENAL  OF  THE  COJTYEI^TIOIT. 


Mr.  Tayloe  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  adoption  of  the  substitute 
submitted  by  Mr,  Sheffey,  was  put  and  decided  in  the  nega- 
tive— yeas  7;  nays  8. 

On  motion  ol  Mr,  Pendleton,  of  Ohio,  tli.e  vote  was  recorded 
as  follows; 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  Samuel  A.  Coifman, 
Raphael  M.  Conn, 
C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 


Messrs.  Cyrus  Hall, 

Fleming  B.  Miller, 
James  W.  Sheifey, 
Samuel  Woods — 8. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  R.  L.  Montague  (Prest)  Messrs. 
William  M.  Ambler, 
Edw'd  M.  Armstrong, 
William  A.  Aston, 
.Tames  Barbour, 
George  Baylor, 
George  VV.  Berlin, 
Angus  R.  Blakey, 
George  Blow,  Jr. 
Wood  Boiildin, 
William  W.  Boyd, 
Thomas  Branch, 
WiUiam  G.  Brawner, 
George  W.  Brent, 
Benjamin  W.  Bjn-ne, 
Frederick  A.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
William  P.  Cecil, 
Edward  R.  Chambers, 
John  R   Chambliss, 
Manilius  Chapman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H,  Dulany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 


J.  G.  HoUaday, 
George  W.  Hull, 
Lewis  D.  Isbell, 
John  Janney, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Edward  D.  McGuire, 
Paul  McNeil, 
Charles  K.  Mallory, 
J.  W.  Marshall, 
James  Marshall, 
John  L.  Marye,  Sr. 
Thomas  MasUn, 
Henry  H.  Masters, 
Horatio  G.  Motfett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Samuel  McD,  Moore, 
William  J.  Neblett, 
Logan  Osburn, 
Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
Peter  Saunders,  Sr. 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 


JOURNAL  OF  THE  CONVENTION".  385 

Messrs.  H.  L.  Gillespie  Messrs.  Alex.  II.  H.  Stuart, 

Samuel  L.  Graham,  George  P.  Tayloe, 

^'^nonGravdy,  John^T.  Thon,ton, 

Addison  Hall,  Robert  II.  Turner,   ^' 

Alphens  h    Haymond,  William  Whito, 

John  J^  Hendren,  Robert  H.  Whitfield, 

T.;.        n^'iV,        ,  Benj'n  F.  Wysor, 

James  P.  Ilolcombe,  John  B.  Young-86. 

The  question  recurred  upon  the  amendment  submitted  by  Mr 

is.  RNT.  ^  ' 

suftlined.'''^''  demanded   the   previous  question,  which  was 

Mr.  Prick  demanded  a  division  of  the  question,  and  it  was 
put  upon  stnkuig  out,  and  decided  in  the  negative-yeas  19- 
nays  <  u.  •^  j  > 

On  motion  of  Mr.  Goode,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are- 
Messrs.  Samuel  A.  Coffman,     Messrs.  .Tohn  R.  Kilby, 
Raphael  M.  Conn,  Pan!  McNeil, 

O.J.P   Cresap,  j.  W.Marshall, 

James  B.  Dorman,  Fleming  B.  Miller, 

John  Goode   Jr.  Stepheif  A.  Morgan, 

Alpheus  f  .  Haymond,  James  VV.  ShellSy , 

•i-r'^'t'\  John  T.  Thornton, 

J.  G.  Ho  aJay  Robert  H.  Whitfield, 

George  W.  Hull,  Samuel  Woods-19. 

Robert  C,  Kent, 

The  names  of  tliose  who  voted  in  the  negative  are- 

Messrs.R^I    Montague,  (Prc.O  Messrs.  James  P.  Ilolcombe, 

^  "'fy\f  •  ^'^»^'er,  Leu'is  D.  Isbcll, 

w  n       '!;  A^'i^strong,  John  Janney, 

VVilham  B   Aston,  Marmadukc  Johnson, 

James  Barbour,  John  J.  Kindred, 

roovf  W^7'r  ^'^''-''^^  D.McGuire, 

An    °'t^^  n^T'^'"'  Charles  K.  Mallory,  ' 

Angus  R    Blal<cy,  Ja^es  Marshall,    ^' 

w:T.^?^TA.^'--'  iohnL.Marye:Sr. 


WoodB.^din,  Thoma;M;,suu, 

Uilhani    V.  Boyd,  Horatio  G.  Molibtt, 


Ihomas  Branch,  Edmund  T 


Morri; 


l^nn      "  ^;,^^';7"^'->  San.uel  McI).  Moo.e, 

l  • '!'  11  •  i^y^'"^^  ^Vilham  J.  Neblctt, 

Frederick  M.Cabell,  Logan  Osburn,      ' 


386 


JOURNAL   OF   THE    CONVENTION". 


Messrs.  John  A.  Campbell^ 
Allen  T.  Caperton, 
John  A.  Carter, 
William  P.  Cecil, 
Edward  R.  Chambers, 
John  il.  Chambhss, 
Manilhis  Chapman, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
James  H.  Cox, 
]larvey  Desk  ins, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
Colbert  (y.  Fiigate, 
•Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L,  Graham, 
Peyton  Gravely, 
L.  S.  Hall, 
John  N.  Hendren, 


Messrs.  .Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
(iJeorge  W.  Randolpli, 
Thomas  J   Randolph, 
Peter  Saunders,  Sr. 
Tiiomas  Siilington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Sptulock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
George  P.  Tayl'^e, 
William  M.  Tredway, 
Robert  H.  Turner, 
I'Idward  Waller, 
William  White, 
i^onj.  F.  VVysor, 
John  B.  Youns: — TO. 


Mr.  SpEKD  moved  to  further  amend  the  section  i)y  striking  out 
all  after  thn  word  '^behavior,"  in  the  third  line,  down  to  *'  or," 
in  the  fourth  line. 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Raxoolph,  of  the  city  of  Richmond,  moved  to  further 
amend  the  section  by  striking  out  all  after  the  word  ''  behavior," 
in  the  third  line,  down  to  "until,"  in  the  f)urth  line,  and  in- 
sert "unless,"  instead  of  "  until,"  and  striking  out  all  after 
ilie  word  "  Constition,"  in  the  fifth  line,  and  inserting  the  fol- 
lowing: "  Xo  Judge  shall  hold  ollice  after  he  is  sev^enty  years  of 
age,  unless  reelected,  or  hold  any  other  office,  appointment  or 
jMiblic  trust,  during  his  term  of  service,  and  the  acceptance  there- 
of shall  vacate  his  judicial  office." 

The  question  being  put,  was  decided  in  the  negative. 

The  question  then  recurcd  upon  the  adoption  of  the  section 
as  amended.  • 

Pending  which,  on  motion  of  Mr.  Pendleton,  of  Ohio,  the 
Convention  adjourned. 


JOURNAL   OF   THlJ' COJ^-VENTION.  395 


Friday,  November  29,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 
On   motion  of  Mr.   Blakey,  the   following  resolution   was 
adopted:  » 

Resolved,  That  the  paymaF.ter-ceneral  of  the  Virsiinia  fof8||,-  report  to  this 
Convenfion  whelher  tliere  are  any  officers  belonging  to  the  Virginia  forces,  con- 
nected with  Ihe  militia  or  volunteer  service,  receiving  pny  without  active  com- 
mands; and  if  so,  the  aggregate  amount  thereol  per  month. 

Prayer  by  the  Rev.  Mr.  Bossermax,  of  the  Universalist 
Church. 

Mr.  Haymonp,  from  the  '^Committee  on  Elections,"  presented 
a  report  in  relation  "  to  the  loyalty  of  Sherrard  Cleir.ens,  from  the 
county  of  Ohio;  Caleb  Boggcs,  of  the  county  of  Lewis;  and 
Beiij.  Wilson,  fr<-»m  the  county  of  Harrison,"  which  was  laid 
U])on  the  table  and  ordered  to  be  printed.     (Doc.  No.  XXXIX.) 

On  motion  of  Mr.  Coxrad,  of  Federick,  the  Committee  *'on 
Foreign  Relations,"  were  excnsed  from  the  further  considera- 
tion of  the  several  messages  of  the  GDvernor  referred  to  them, 
and  were  ordered  to  be  referred  to  the  Committee  ''on  Confed- 
erate Relations." 

On  motion  of  Mr.  Randolph,  of  the  city  of  Richmond,  the 
consideration  of  the  "Ordinance,  for  the  reorganization  of  the 
mihtia,"  was  resumed. 

The  pending  question  being  upon  the  adoption  of  the  amend- 
ment to  the  amendment  to  the  7th  siction,  submitted  by  Mr. 
Cn AMBUSS,  on  yestcrdny. 

Mr.  Price  demanded  liie  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  adoption  of  the  amend- 
ment subniiited  by  Mr.  Chambliss,  on  yrsterday,  was  put, 
and  decided  in  the  negative — yeas  22;  nays  77. 

On  motion  of  Mr.  Dokman  tho  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  William  B.  Aston,  Messrs.  Addison  Hall, 

George  Baylor,  Geoige  W.  Hull, 

James  Boisseau,  Lewis  D.  Isbell, 

William  W.  Boyd,  Jeflerson  T.  Martin, 

Manilius  Chapman,  Thomas  Maslin, 

►Samuel  A.  Cotfman,  Henry  H.  Masters, 

C.  B.  Conrad,  Logan  Osburn, 

W.  H.  H.  Custis,  Timothy  Rives, 

Miers  W.  Fisher,  John  A!  Robinson, 

Samuel  L.  Graham,  William  C.  Scott, 

Peyton  Gravely,  F.  P.  Turner— 22. 


I 


396 


JOURNAL   OF   THE   CONVENTIOIT. 


The  names  of  those  who  voted  in  the  negative  are — 
Messrs.  R.L. Montague (P;'e5^)  Messrs,  Robert  C.  Kent, 


Edw'd  M.  Armstrong, 
George  W,  lierlin, 
Angus  R.  Blakcy, 
George  Blow,  Jr., , 
George  VV.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caperton, 
John  A.  Carter, 
William  P.  Cecil, 
Edward  R.  Chambers, 
Robert  Y.  Conrad, 
Robert  R.  Cowan, 
William  P.  Cooper, 
James  II.  Cox, 
C.  J.  P.  Cresap, 
John  Critcher, 
Harvey  Deskins, 
James  B.  Dorman, 
William  II.  Dulany, 
Thomas  S.  Flournoy, 
William  W.  P^M•bes, 
IVapoleon  B.  French, 
Colbert  C.  Fngate, 
Sanmel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
L.  S.  Hall, 

Alphens  F.  Raymond, 
John  N.  Hendren, 
J.  INI.  Heck, 
J.  G.  Holladav, 


John  R.  Kilby, 
John  J.  Kindred, 
Edward  1).  McGuire, 
Paul  McNeil, 
J.  W.  Marshall, 
John  L.  Marye,  Sr. 
Fleming  B.  Miller, 
Horatio  G.  Mollett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
(ieorge  W.Randolph, 
Thomas  J   Randolph, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  D.  Shaip, 
James  W.  ShelFey, 
Thomas  Siilington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spiirlock, 
Sam n el  G.  Staples, 
Alex.  H.  H.  Smart, 
William  T.  Sutiierlin. 
George  P.  Tayloe, 
R'lbert  II.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Samuel  Woods, 
Benj.  F.  Wysor, 
John  B.  Young — 77. 


Marmaduke  Johnson, 

Mr.  Randolph  moved  to  amend  the  amendment,  by  striking  out 
all  after  the  word  "Governor,"  in  the  twenty  third  line,  down 
to ''appointments,"  in  the  tweniy-fifth  line,  and  inserting  the 
word  "and  all,"  and  to  add  at  the  end  of  the  amendment  the 
following: 
•'  Commandants  of  regiments  and  independent  battalions  shall  recommend 


JOUKNAL   OF   THE   CONVENTIOIT. 


397 


suitable  persons  to  fill  vacancies  among  crmpany  officers  in  their  respective  regi- 
ments and  battalions,  which  recommendation  shall  not  be  obligatory,  but  shall 
be  communicated  to  the  Senate  by  the  Governor  with  his  nomination  to  fill  such 
vacancy.  And  all  nominations  to  fill  such  vacancies  and  of  general  field  officers 
shall  lie  on  the  table  one  week  before  being  acted  on." 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  GooDE  moved  to  an)end  the  amendment,  by  striking  out 
all  beginning  with ''before,"  in  the  16th  hue,  down  to  "the 
company,"  in  the  20th  line,  and  inserting  the  following: 

"Vacancies  in  volunteers  and  militia  companies  occurring  before  and  after 
they  have  been  mustered  into  the  service  shall  be  filled  as  heretofore." 

Mr.  Price  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question,  being  upon  the  adoption  of  the  amend- 
ment submitted  by  Mr.  Goode,  was  put,  and  decided  in  the  af- 
firmative— yeas  88;  nays  15. 

On  motion  of  Mr.  Forbes,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.  L.MontSLgue  (Prest)  Messrs. 
William  M.  Ambler, 
Edward  M.  Armstrong, 
William  B.  Aston, 
George  Baylor, 
George  W.  Berlin, 
Angus  R.  Blakey, 
James  Boisseau, 
Peter  B.  Borst, 
William  VV.  Boyd, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
John  A.  Carter, 
William  P.  Cecil, 
Edw'd  R.  Chambers, 
Manilius  Chapman, 
Samuel  A.  Coffman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  E.  Cowan, 
C.  J.  P.  Cresnp, 
John  Critcher, 
W.  H.  B.  Ciistis, 
Harvey  Deskins, 
William  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 


John  N.  Hendren, 
Jonathan  M.  Heck, 
George  W.  Hull, 
Lewis  D,  Is  bell, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Paul  McNeil, 
William  H.  Macfarland, 
J.  VV.  Marshall, 
J.  T.  Martin, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
David  Pugh, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
William  C.  Scott, 
John  D.  Sharp, 
James  W.  Sheffey, 


398  JOURNAL   OF   THE   CONVENTION. 

Messrs,  Napoleon  B.  French,      Messrs.  Thomas  Sitlington, 

Colbert  C.  Fnffate,  Charles  R.  Slaughter, 

Samuel  M.  Garland,  John  M.  Speed, 

H.  L.  Gillespie,  Burwell  Spurlock, 
Samuel  L    Graham,             •         Alex.  H.  H.  Stuart, 

Robert  E.  Grant,  William  T.  b'utherlin, 

•    Peytoh  Gravply,  George  P.  Tayloe, 

Algernon  S.  Gray,  John  T.  Thornton, 

Fendall  Gregory,  Jr.  Robert  H.  Tnrner, 

John  Gcode,  Jr.  P'ranklin  P.  Turner, 

Addison  Hall,  John  Tyler, 

Cyrus  Hall,  Edward  Waller, 

L.  S.  Hall,  Samuel  Woods, 

Lewis  E.  Harvie,  Benj.  P..  VVysor, 

Alphcns  P\  Haymond,  John  B.  Young — S8. 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs,  George  Blow,  Jr.  Messrs.  Edmund  T.  Morris, 

George  W.  Brent,  Win.  Ballard  Preston, 

Robert  Y.  Conrad,  Samuel  Price, 

William  P.  Cooper,  George  W.  Randolph, 

James»B.  Dorman,  Thonas  J.  Randolph, 

Thomas  S.  Flouruoy,  Saniuel  G.  Staples, 

J.  G.  Holladay,  William  White— 15. 
James  Marshall, 

Mr.   Stuart  moved  to    further    amend  the  amendment,  by 
adding  to  it  the  following: 

"  W.ien  a  vacancy  shall  occur  among  the  commissioned  officers  of  any  volun- 
teer or  militia  company  in  actual  service,  the  officers  remaining  shall  be  pro- 
imted  according  to  their  rank  so  as  to  leave  the -vacancy  in  the  lowest  grade  of 
the  commissioned  officers,  and  the  vacancy  thus  left  shall  be  filled  by  vote  of  the 
company  as  now  provided  by  law. 

"  Tiie  certificate  of  any  such  election  shall  state  the  rank  of  the  company  offi- 
cers resulting  from  such  promotion  and  election,  in  order  that  commissions  may 
be  issued." 

The  question  being  put  was  decided  in  the  negative — yeas, 
13;  noes,  86. 
On  motion  of  Mr.  Stuart,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Angus  R.  Blakey,  Messrs.  Wm.  Ballard  Preston, 
Allen  T.  Caperton,  George  W.  Randolph, 

Robert  Y.  Conrad,  John  A.  Robinson, 

C.  J.  R.  Cresap,  Alex.  H.  H.  Stuart, 

J.  G.  Holladay,  William  White, 

James  Marshall,  Benj.  F,  Wysor — 12. 


JOURNAL  OF  THE  COXYENTION. 


399 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  R.h.  Montague  (Prest)  Messrs. 
Wilh^m  M.  Ambler, 
Edw'd  M.  Armstrong, 
William  B.  Astern, 
Gei^rge  Baylor, 
George  W.  Berlin, 
James  Boisseau, 
Peter  B.  Borst, 
William  \V.  Boyd, 
Thomas  Branch, 
George  \V.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
John  A.  Carter, 
Edward  R.  Chambers, 
Manilius  Chapman, 
Samnel  A.  CofFman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  E    Cowan, 
William  P.  Cooper, 
James  H.  Cox, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
William  H.  Dnlany, 
Miers  W.  Fisher, 
Thomas  S.  Flournoy, 
William  W.  Fdrbes," 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 
John  Gnode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.  S.  Hall, 
Lewis  E.  Harvey, 
Alpheus  F.  Haymond, 
John  N.  Hendren, 


J.  M.  Heck, 
George  W.  Hull, 
Lewis  D.  Isbell, 
Marmaduke  Johnson, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Edward  I).  McGuire, 
Paul  McNeil, 
William  H.  Macfarland, 
J.  W.  Marshall, 
J.  T.  Martin, 
John  L.  Marye,  Sr. 
Thomas  Maslin, 
Fleming  B.  Miller, 
Horatio  G.  MofFett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
William  C.  Parks, 
Joseph  H.  Pendleton, 
Samuel  Price, 
David  Pugh, 
Thomas  J.  Randolph, 
Peter  Sannders,  Sr. 
Robert  E.  Scott, 
William  C.  Scott, 
James  W.  ShefTey, 
Thomas  Sitlington, 
Charles  R,  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
William  P.  Sutherlin, 
George  P.  Tayloe, 
John  T.  "^IMiointon, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller, 
Samuel  Woods, 
John  B.  Young— 86. 


]Mr.  Randolph  moved  to  further  amend  the  amendment,  by 


400  JOURNAL  OF  THE  CONVENTION. 

striking  out  all  after  the  word  ''volunteers,"  in  the  22d  line, 
down  to  "  appointments, "  in  the  25th  line. 

The  question  being  put  was  decided  in  the  affirmative. 

Mr.  Sheeffy  moved  to  amend  the  amendment  added  to  the 
section  by  Mr.  Randolph,  by  adding  alter  the  word  "  officer,"  in 
the  second  hne,  the  words,  "of  the  militia." 

The  question  being  put,  was  decided  in  the  negative. 

The  8th  section  was  then  read  and  passed  by  without  objec- 
tion 

Mr.  Kindred  moved  to  amend  the  9th  section  by  adding 
thereto  the  following: 

•'  Provided,  that  not  more  than  one-half  of  the  volunteers  now  in  service,  be- 
tween the  ages  of  twenty-one  and  thirty-one  years,  shall  be  required  to  perform 
duty  as  a  portion  of  the  active  class,  which  half  shall  be  made  up  first  by  those 
who  voluntarily  remain  in  the  service,  if  sufficient,  and  the  deficiency  by  lot. 
The  remainder,  sufficient  to  make  up  a  number  equal  to  those  subject  to  mili- 
tary duty  between  the  ages  of  twenty-one  and  thirty-one  years,  shall  be  made  up 
by  draft  from  those  of  the  reserve  and  active  classes  who  have  not  volunteered  in 
this  war." 

Mr.  Blakey  demanded  the  previous  question,  which  was  sus- 
tained. 

The  main  question  being  upon  the  adoption  of  the  amend- 
ment, submitted  by  Mr.  Kindred,  was  put,  and  decided  in  the 
negative. 

Mr.  Randolph,  of  the  city  of  Richmond,  moved  to  amend  the 
10th  section  in  the  following  manner: 

"  Strikeout,  in  the  3d  line,  'four,' and  insert  '  three, 'strike  out  '28,  three,'  in- 
insert  '  29,  two.'  ]n  the  4th  line  strike  out  '  over  28,  three,' insert  '  29,  two.'  In 
the  4th  line  strike  out  'over  23,  and  under  3fJ,  two  years.'  Add  to  the  section: 
'  But  if  such  volunteer  be  in  service  at  the  time  of  the  passage  of  this  ordinance, 
and  shall  serve  continuously  two  years,  no  further  service  shall  be  required 
from  him  in  the  active  class,  and  he  shall  be  deemed  in  the  reserve.  If  the 
term  of  service  due  from  a  member  of  the  active  class  be  not  rendered  contin- 
uously, he  may  again  be  called  out  for  the  remainder  of  the  term,  but  not  lon- 
ger.' " 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Thornton  moved  to  amend  the  original  section,  by  strik- 
ing out  all  after  the  word  "  follows,"  in  the  2d  line,  down  to  the 
word  "service,"  in  the  5th  line,  and  inserting  the  following: 
"All  under  26  years  of  age,  three  years,  and  the  rest  two  years." 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  BoissEAu  moved  to  further  amend  the  section  by  inserting 
after  the  word  "volunteer,"  in  the  fifth  line, the  words  "as  well 
heretofore  as  hereafter. ' ' 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  GuoDE  moved  to  amend  the  11th  section,  by  striking  out 
all  after  the  word  "  heretofore,"  in  the  second  line,  down  to  the 
Tvord  'Mvhen,"  in  the  fourth  line. 


JOURNAL  OF  THE  COXVEXTION".  401 

The  question  being  put,  was  decided  in  the  affirmative. 
Mr.  Randolph,  of  the  City  of   Richmond,  moved  to  further 
amend  the  section  by  striking  out  all  after  the  word  <^  for  "in  the 
eighth  hnc,  down  to  the  word  ^^or,"  in  the  ninth  line 'and  in- 
sertmg  the  words  ^'one  year  more." 

The  question  being  put,  was  decided  in  the  affirmative, 
ihe  12th  and  13th  sections  were  then  read  and  passed  bv 
without  objection.  ^  ^ 

Mr.  Heck  moved  to  return  to  the  2d  section,  and  to  amend 
!  .7k'^"  "-,°"L  f'1/^fter  the  word  ^^or,"  in  the  seventh  line, 
to  by,  m  the  8th  hue,  and  inserting  the  following:  ''in  case 
ot  their  absence,  inability,  refusal,  or  failure  to  act." 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  Hkck  moved  the  same  amendment  to  the  4th  section 
after  the  word  ''or,"  in  the  seventh  Hue,  to  the  word  "by  "  in 
the  eighth  hue;  and  to  strike  out  the  word  "within  "  in  the 
seventh  line,  and  insert  the  word  "  for."  ^ 

The  question  being  put  was  decided  in  the  affirmative. 

Mr   Heck  moved  to  further  amend  the  2d  section,  by  striking 

out  all  after  the  word  "organized,"  in  the  sixth  hue,  down  tS 

he  word  "or,"  in  the  seventh  hue,  and  inserting  the  following- 

l-^ach  board  acting  for  its  present  district." 

The  question  being  put  was  decided  in  the  affirmative 

Mr  Randolph,  of  the  City  of  Richmond,  moved  to  return  to 
the  4th  section,  and  to  amend  it,  by  adding  thereto  the  follou^ing: 

"  Notices  requiring  enrolment  shall  be  posted  at  three  or  more  places  of  n.ib- 
ic  resort  in  each  company  district  not  less  than  thirty  days  before  the  or^anb-  - 

ih'/rlH  ' '"'"''7-K  ^fr""'  ^"^J^^^ ''  '"''^'^  under  this  ordinacebeSg'o 
districts  occupied   by  the  enemy,  may  be  enrolled  and  called  into  service  under 

trEelio'n'' '      °"'  ''  ''  ^'''''''''"^  '^'  "^^  '^''■""''  ''  "'^  CommonwLith  in 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  PSELSON  moved  to  further  amend  the  7th  section  by 
striking  out  all  after  the  word  "  orijnnizcd,"  in  the  26th  and  27th 
lines,  down  to  the  word  "  officers,"  in  the  29th  line. 

The  question  being  put  was  decided  in  the  affirmative. 

Air.  CitiTCHEK  moved  to  amend  the  12th  section,  by  strikino- 
out  all  after  the  word  "  they,"  in  the  12th  line,  and  adding  the    -^ 
lollowing:    "Show  good  cause,   before  a  court  of  inqniiT,  for  *'' 
such  absence  or  faihire  to  enrol." 

Mr.  Cai-erto\  demanded  the  previous  question,  which  was 
sustnined. 

The  main  question  being  upon  the  adoption  of  the  amend- 
ment submitted  by  Mr.  Critcher,  was  put,  and  decided  in  the 
ailirmative. 

The  ordinance,  as  amended,  was  then  adopted. 

On  motion  of  Mr.  Randolph,  the  Convention  adjourned. 


JOURNAL  OF   THE    COXVENTIOK.  403 


Saturday,  November  30,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Mr.  Bosserman,  of  the  Universalist 
Church. 

On  motion  of  Mr.  Nklsox,  the  Journal  of  the  26th  instant,  was 
so  changed  as  to  record  his  name  with  the  majority ^  on  all  ques- 
tions voted  upon  oti  that  day. 

On  motion  of  Mr.  Ambi,er,  the  Journal  was  so  changed  as  to 
canse  the  following  letter  to  be  entered  upon  the  Journal  of  the 
26th  instant,  to  read  as  follows: 

Richmond,  Va.,  Nov.  26,  1861. 
James  Barbour,  Esq.,  Virginia  Conventlnyi : 

Dear  Sir. — Mr.  Dorman,  of  llockbridg;e,  a  member  of  your  body,  on  yester- 
day, in  discussion,  misrcproscnled  nic,  (unintentionally,  no  doubt.)  Tlie  Gover- 
nor and  Council  never  advised  that  no  troops  should  be  sent  to  North-Western  \'ir- 
ginia,  while  1  was  a  metnber  of  the  Advisory  Council,  as  represented  by  Mr. 
Dorman.  hnmediatcly  after  1  learned  that  the  ordinance  of  secession  had 
passed,  I  sent  Major  William  P.  T'liompson,  of  the  county  of  Marion,  to  the  seat 
of  government,  with  a  requisition  for  arms,  and  authority  to  call  out  the  militia 
in  North-West  Virginia,  with  a  view  of  taking  possession  of  the  two  rail  roads, 
the  one  terminating  at  Parlcersburg  and  the  other  at  the  city  of  Wheeling,  to  pre- 
vent their  use  by  the  enemy  in  case  of  invasion,  with  a  determination  to  destroy 
these  roads  at  points  near  the  Ohio  and  in  the  mountains,  if  necessary  for  our 
defence  and  protection.  For  some  cause  the  arms  were  refused.  It  may  be  that 
the  Governor  advised  with  the  Council — of  this  lam  not  informed.  At  that  time 
three-fourths  of  the  people  of  Marion  county  w^ere  in  favor  of  the  ordinance  of 
secession,  and  if  we  had  been  furnished  w  ith  arms,  and  authority  to  call  out  the 
militia,  so  that  our  people  could  have  been  assured  of  the  aid  and  protection  of 
the  government,  1  have  no  hesitation  in  saying,  that  a  larsre  majority  of  the 
people  of  North-VVest  Virginia  would  have  voted  for  the  ordinance  of  seces- 
sion, and  would  be  now  in  arms  in  defence  of  the  State.  Those  rail  roads  afford- 
ed rapid  facilities  for  the  transportation  of  troops.  The  State  of  Ohio  had  her 
troops  at  the  termini  of  those  rail  roads,  on  the  Ohio  side  of  the  river,  ready  to 
march  into  Virginia  immediately  after  the  ratification  of  the  ordinance  of  seces- 
sion. This  was  made  known  to  our  people.  Many  were  induced  to  vote  against 
the  ordinance,  with  a  hope  that  they  would  not  be  interrupted  by  the  expected 
invaders.  Others  did  not  go  to  the  polls.  Our  people  felt  paralized.  They  had 
no  arms  of  any  consideration  to  protect  themselves.  In  conclusion,  let  me  say, 
the  Governor  and  every  member  of  the  Council  knows,  that,  so  far  as  I  am  con- 
cerned, I  urged  the  occupation  ol'  North-West  Virginia  with  an  armed  force,  suf- 
ficient to  protect  tliat  section  from  invasion,  and  I  have  no  doubt  now,  that  if  we 
had  been  furnished  with  arms  and  authority  to  call  out  the  militia  at  once,  we 
should  now  be  in  the  possession  of  the  most  of  that  section  of  the  State,  and 
have  now  the  support  of  a  great  majority  of  the  people.  As  the  action  of  your 
body  will  present  a  history  of  the  times,  for  my  protection,  I  hope  you  will  ask 
that  this  letter  may  be  recorded  upon  your  jouiiial. 

Your  friend, 

T.  S.  HAYMOND. 

The  ordinance  'M'elative  to  the  proceedings  against  judges," 
presented  by  Mr.  Morriss,  from  a  special  committee,  on  the  27tli 
instant,  was  taken  up  and  adopted. 

The  ordinance  "  for  the  trial  of  persons  offending  against  the 
1 


404  JOURNAL   OF  THE   CONVENTION. 

laws  of  the  Commonwealth,  ia  counties  in  possession  of  the 
common  enemy,"  submitted  by  Mr.  Price,  November  27th, 
1861,  was  taken  up. 

Mr.HAYMOND  moved  to  amend  the  ordinance,  by  striking  out 
the  word  ''convenient,"  in  the  6th  line. 

The  question  being  put,  was  decided  in  the  negative. 

The  ordinance  was  then  adopted. 

Mr.  Macfarland  presented  an  ordinance  concerning  treasury 
notes,  M'hich  was  laid  upon  the  table  and  ordered  to  be  printed. 

Mr.  MooRE  submitted  the  following  resolution: 

Resolved,  That  the  Committee  on  Amendments  to  the  Constitution,  be  in- 
structed to  insert  in  the  ordinance,  by  which  tiie  Constitution  shall  be  submitted 
1o  the  people  for  ratification  or  rejection,  a  provision,  requiring  the  officers  con- 
ducting the  election,  to  take  at  the  same  time,  a  separate  vote  on  the  question  of 
so  restricting  the  right  of  sull'rage,  that  no  person  shall  vote  at  any  election  who 
lias  not  paid,  within  the  year  they  were  assessed,  all  State  and  county  or  corpo- 
ration taxes,  assessed  on  him  in  the  county  in  which  he  resides,  for  the  year  pre- 
ceding that  in  which  he  offers  to  vote. 

Mr.  Price  moved  to  lay  the  resolution  on  the  table,  and  the  ques- 
tion being  put,  was  decided  in  the  negative — yeas  34;  nays  61. 
On  motion  of  Mr.  Stuart,  the  vote  v/as  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  Angus  R.  Blakey,  Messrs.  Algernon  S.  Gray, 

George  Blow,  Jr.  Cyrus  Hall, 

James  Boisseau,  Alphens  F.  Haymond, 

John  A.  Campbell,  J.  M.  Heck, 

John  A.  Carter,  James  P.  Holcombe, 

Samuel  A.  Coffman,  Bobert  C.  Kent, 

Raphael  M.  Conn,  Edward  D.  McGuire, 

Robert  E.  Cowan,  J.  T.  Martin, 

William  P.  Cooper,  Fleming  B.  Miller, 

C.  J.  P.  Cresap,  Stephen  A.  Morgan, 

John  Critcher,  William  C.  Parks, 

Harvey  Deskins,  Joseph  H.  Pendleton, 

Napoleon  B.  French,  John  T.  Seawell, 

Colbert  C.  Fngate,  John  D.  Sharp, 

Samuel  M.  Garland,  James  W.  Sheffey, 

Samuel  L.  Graham,  Burwell  Spurlock, 

Robert  E.  Grant,  Frank.  P.  Turner— 34. 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  R.  I j.  Montague ( Prest )  Messrs.  John  L.  Marye,  Sr. 
William  M.  Ambler,  Thomas  Mas'lin, 

Edw'd  M.  Armstrong,  Horatio  G.  Moffett, 

George  Baylor,  Edmund  T.  Morris, 

George  W.  Berlin,  Samuel  McD.  Moore, 


JOURNAL   OP  THE   CONVENTION. 


405 


Messrs.  George  W.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
Frederick  JM.  Cabell, 
Allen  T.  Caperton, 
Edward  R.  Chambers^ 
Manilius  Chapman, 
Robert  Y.  Conrad, 
W.  H.  B.  Custis, 
James  B.  Dorman, 
AVilliam  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
H.  L.  Gillespie, 
Fendall  Gregory,  Jr. 
Addison  Hall, 
L.  S.  Hall, 
John  N.  Hendren, 
George  VV.  Hull, 
Lewis  D.  Isbell, 
John  Janncy, 
John  R.  Kilby, 
John  J.  Kindred, 
William  H.  Macfarland, 
J.  W.  Marshall, 
James  Marshall, 


Messrs.  Hugh  M.  Nelson, 
Logan  Osburn, 
William  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G,  Staples, 
Alex.  H.  H.  Stuart, 
William  T.  Sutherhn, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
William  White, 
Samuel  Woods, 
John  B.  Young — 61. 


The  resolution  submitted  by  Mr.  Moore,  was  then  adopted. 

On  motion  of  Mr.  Blakey,  the  ordinance  '^on  Salt,"  was 
taken  up  for  consideration. 

Mr.  Stuart  moved  to  '^pass  by"  the  consideration  of  the  or- 
dinance for  the  purpose  of  resuming  the  consideration  of  the  re- 
port of  the  Committee  ^'on  Amendments  to  the  Constitution." 

Mr.  Carter  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  adoption  of  the  motion 
made  by  Mr.  Stuart,  was  put,  and  decided  in  the  affirmative — 
yeas  51;  nays  4L 

On  motion  of  Mr.  Forbes,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 

Messrs.  R.h.Montague (Presi)  Messrs.  Paul  McNeil, 

William  M.  Ambler,  James  Marshall, 

Edw'd  M.  Armstrong,  .Tohn  L.  Marye,  Sr. 

George  W.  Berlin,  Thomas  Mashn, 

George  W.  Brent,  Henry  H.  Masters, 

James  V.  Brooke^  Fleming  B.  Miller, 


406 


JOURNAL  OP  THE  CONVENTION. 


Messrs.  Allen  T.  Caperton, 
John  A.  Carter, 
Edward  R.  Chambers, 
Manilius  Chapman, 
Robert  Y.  Conrad, 
Robert  E.  Cowan, 
John  Critchor, 
Harvey  Deskins,   , 
James  B.  Dorman, 
Colbert  C.  Fngate, 
Samuel  M.  Garland, 
Samuel  L.  Graham, 
Peyton  Gravely, 
Feudal  I  Gregory,  Jr. 
Addison  Hall, 
John  N.  Hendren, 
John  Janney, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 


Messrs.  Logan  Osburn, 

William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
William  T.  Sutherhn, 
George  P.  Tayloe, 
John  T.  Thornton, 
William  M.  Tredway, 
John  Tyler, 
Edward  Waller— 51. 


The  names  of  those  who  voted  in  the  negative  are- 


Messrs.  Alpheus  F.  Haymond, 
J.  M.  Heck, 
James  P.  Holcombe, 
Lewis  D.  Isbell, 
Edward  D.  McGuire, 
William  H.  Macfarland, 
J.  W.  Marshall, 
J.  T.  Martin, 
Horatio  G.  Moffett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Hugh  M.  Nelson, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
John  T.  Sea  well, 
Burwell  Spurlock, 
Robert  H.  Turner, 
Frankhn  P.  Turner, 
Samuel  Woods, 
JohnB.  Young— 4L 


Messrs.  George  Baylor, 

Angus  R.  Blakey, 
James  Boisseau, 
William  G.  Brawner, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Samuel  A.  Coflman, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
William  P.  Cooper, 
C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 
William  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
H.  L.  Gillespie, 
Robert  E,  Grant, 
John  Goode,  Jr. 
Cyrus  Hall, 
L.  S.  Hall, 

The  report  of  the  Committee  "on  Amendments  to  the  Con- 
stitution" was  then  taken  up- the  pending  question  being  upon 


JOURNAL  OF  TSB  CONVENTION. 


407 


the  amendment  to  the  9th  section,  submitted  by  Mr.  Flournoy, 

on  the  27th  instant. 
Tlie  question  being  put;  was  decided  in  the  negative — yeas  23; 

nays  72. 

On  motion  of  Mr.  Sheffey,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.  L.  Montague  (Prst)  Messrs. 
William  M.  Ambler, 
George  W.  Berlin, 
Angus  R.  Blakey, 
Frederick  M.  Cabell, 
Allen  T.  Caperton, 
Edward  R.  Chambers, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Fendall  Gregory,  Jr. 
Addison  Hall, 
John  N.  Ilendren, 


Marmaduke  Johnson, 
James  Marshall, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Robert  E.  Scott, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Alex.  H.  H.  Stuart, 
Franklin  P.  Turner, 
John  Tyler, 
Edward  Waller— 23. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Edward  M.  Armstrong, 
George  Baylor, 
George  Blow,  Jr. 
James  Boisseau, 
George  W.  Brent, 
James  V.  Brooke, 
Benjamin  W.  Byrne, 
John  A.  Campbell, 
John  A.  Carter, 
William  P.   Cecil, 
Manilius  Chapman, 
Samuel  A.  Co  if  man, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
Robert  E.  Cowan, 
C.  J.  P.  Cresap, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
William  H.  Dulany, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H,  L.  Gillespie; 


Messrs.  John  R.  Kilby, 
John  J.  Kindred, 
Edward  D.  McGuire, 
Paul  McNeil, 
William  H.  Macfarland, 
J.  W.  Marshall, 
J.  T.  Martin, 
.Tohn  L.  Marye,  Sr. 
Thomas  Maslin, 
Henry  H,  Masters, 
Fleming  B.  Miller, 
Horatio  G.  MofTett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Logan  Osburn, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
John  T.  Sea  well, 
John  D.  Sharp, 
James  W.  Sheffey, 


408  JOURNAL  OP  THE  CONVENTION. 

Messrs.  Samuel  L.  Graham,       Messrs.  Thomas  Sitliiigton, 

Robert  E.  Grant,  Burwell  Spiirlock, 

Peyton  Gravely,  Samuel  G.  Staples, 

John  Goode,  Jr.  George  P.  Tayloe, 

Cyrus  Hall,  John  T.  Thornton, 

L.  S.  Hall,  •  William  M.  Tredway, 

J.  M.  Heck,  Robert  H.  Turner, 

James  P.  Holcombe,  Samuel  Woods, 

Lewis  D.  Isbell,  Benjamin  F.  Wysor, 

John  Janney,  John  B.  Young — 72. 
Robert  C.  Kent, 

Mr.  Morgan  moved  to  further  amend  the  section,  by  inserting 
after  the  word  <*  shall,"  in  the  6th  line,  the  following: 

"  Every  twelfth  year,  elect  a  presiding  justice,  who  is  not  one  of  their  own 
number,  and  whose  salary  shall  be  fixed  by  the  General  Assembly." 

The  question  being  put,  was  decided  in  the  negative. 
Mr.  BuooKE  moved  to  further  amend  the  section,  by  striking 
out  the  whole  and  inserting  the  following: 

"  Each  county  shall  be  laid  off  into  districts  as  nearly  equal  as  may  be  in  ter- 
ritory and  population.  In  each  district,  four  justice  of  the  peace  shall  be  chosen 
by  the  qualified  voters  thereof,  who  shall  be  commissioned  by  the  Governor,  re- 
side in  their  respective  districts  and  hold  their  offices  for  the  term  of  twelve 
years,  except  as  hereinafter  provided.  At  the  first  court  after  the  election  and 
qualification  of  the  justices  under  this  Constitution,  or  so  soon  thereafter  as  may 
be;  they  shall  be  divided  into  two  classes;  each  cla«  to  consist  of  two  justices 
from  each  district,  to  be  numbered  by  lot.  The  term  of  service  of  the  first  class 
shall  expire  at  the  end  of  six  years,  and  of  the  second  class,  at  the  expiration  of 
twelve  years,  and  this  alternation  shall  be  continued,  so  that  one  half  of  the 
justices  may  be  chosen  every  sixth  year,"  &c. 

Mr.  Blakey  moved  to  amend  the  amendment,  by  striking 
out  all  after  the  Avords,  "or  as  soon  thereafter  as  may  be," 
and  inserting  the  following: 

"  The  county  court  of  each  county  shall  divide  all  the  justices  thereof  into 
twelve  classes,  as  nearly  equal  as  may  be,  each  class  as  far  as  possible  to  be  com- 
posed of  justices  from  dillercnt  districts,  and  numbered  by  lot.  The  justices  of 
each  class  shall  continue  in  office  for  the  number  of  years  designated  by  the  num- 
ber of  their  respective  classes.  As  the  term  of  each  justice  shall  expire,  his 
successor  shall  be  chosen  by  the  voters  of  the  county  residing  in  the  district  in 
which  such  justice  resided  at  the  time  of  liis  election." 

The  question  being  put,  was  decided  in  the  negative — yeas 
41 ;  nays  50. 

On  motion  of  Mr.  Haymoxd,  the  vote  was  recorded  as  follows: 
The  names  of  those  who  voted  in  the  aiSrmative  are — 

Messrs.  R.  L.  Montague  (Prest)  Messrs.  Addison  Hall, 

William  M.  Ambler,  George  W.  Hull, 

George  W.  Berlin,  John  Janney, 

James  BoisseaU;  Marmaduke  Johnson; 


JOUENAL    OF   THE   COXYENTIOIT. 


409 


Messrs.  Thomas  Branch, 

William  G.  Brawner, 
George  W.  Brent, 
James  V.  Brooke, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
John  A.  Carter, 
Edward  R.  Chambers, 
C.  B.  Conrad, 
C  J.  P.  Cresap, 
James  B.  Dorman, 
William  H.  Dnlany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Robert  E.  Grant, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 


Messrs.  Robert  C.  Kent, 
John  R.  Kilby, 
John  J,  Kindred, 
William  H.  Macfarland, 
.John  L.  Marye,  Sr. 
Edmund  T.  Morris, 
Samuel  McD.  Moore, 
Hugh  M.  Nelson, 
Joseph  H.  Pendleton, 
Robert  E.  Scott, 
John  M.  Speed, 
.h^hn  T.Thornton, 
Franklin  P.  Turner, 
Edward  Waller, 
William  White, 
John  B.  Young — 41. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Edwd.  M.  Armstrong,    Messrs 
George  Baylor, 
Angus  R.  Blakey, 
Peter  B.  Borst, 
Benjamin  W.  Byrne, 
William  P.  Cecil, 
Manilius  ('hapman, 
Samuel  A.  Cotfman, 
Raphael  M.  Conn, 
John  Critcher, 
W.  H.  B.  Custis, 
Harvey  Ueskins, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  li.  Graham, 
Peyton  Gravely, 
John  Goode,  Jr. 
Alpheus  F.  Haymond, 
John  N.  Hendren, 
J.  M.  Heck, 
James  P.  Holcombe, 
Ijowis  D.  Isbell, 
Paul  McNeil, 


J.  W.  Marshall, 
James  Marshall, 
J.  T.  Martin, 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffet, 
Stephen  A.  Morgan, 
Logan  Osburn, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Peter  Saunders,  Sr. 
•Tohn  D.  Sharp, 
•Tames  W.  Sheffey, 
Thomas  Sitlington, 
(>harles  R.  Slaughter, 
Burwell  Spurlnck, 
Samuel  G.  Staples, 
Alex.  H.H.Stuart, 
George  P.  Tayloe, 
Jehn  Tyler, 
Samuel  Woods — 50 


The  question  recurred  upon  the  adoption  of  the  substitute 


410  JOTJUNAL   OF   THE   CONVENTIOX. 

submitted  by  Mr.  Brooke,  and  being  put;  was  decided  in  the 
negative. 

]Mr,  Baylor  demanded  the  previous  question  which  was 
sustained. 

The  main  question  being  upon  the  adoption  of  the  section  as 
amended,  was  put  and  decided  in  the  aliirinative. 

Mr.  Skawkli.  moved  to  amend  the  10th  section  by  way  of 
substitute,  by  striking  out  the  whole  and  inserting  the  following: 

Tlie  presiding  justice  of  eacli  county  court  sl)all  receive  a  per  diem  compensa- 
tion for  his  servings  in  court,  to  be  ascertained  by  law  and  paid  out  of  the  countjr 
treasury;  but  shall  not  receive  any  fee  or  emolument  for  other  judicial  services. 
No  other  justice  of  said  courts  shall  receive  any  compensation  for  any  judicial 
services. 

]\Ir.  Chitchkr  moved  to  amend  the  amendment  by  way  of 
substitute,  by  striking  out  the  whole  and  inserting  the  following: 

Section  10.  The  justices  shall  receive  no  fee  or  emolument  for  their  judicial 
services. 

Mr.  SnEt'FEv  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  adoption  oi  the  sul)stitiite 
submitted  by  Mr.  Critchek,  was  put,  and  decided  in  the 
jiegaiive — yeas  1 1 ;  nays  8(3. 

On  motion  of  Mr.  Yoi  \g,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  allirmalive  are — 

Messrs.  AVilliam  M.  Ambler,       Messrs.  John  I-.  Marye,  Sr. 
Edward  M.  AriiiStrong,  Hugh  M.  Xeison, 

George  W.  Berlin,  Fraiddin  P.  Turner, 

J-]dward  R.  Chambers,  WilUain  White, 

Ilobert  ^'.  Conrad,  .Samtiel  Woods — 11. 

John  Critcher, 

The  names  of  those  who  voted  in  the  negative  are — 

Messrs.  R. L.Montague fPrc*/)  Messrs.  George  W.  Hull, 

George  Bayhv,  Lewis  D.  Isbell, 

Angus  R.  Blakey,  Peter  C.  Jnlinsfin, 

George  Blow,  Jr.  Robert  (J.  Kent, 

James  Boissean.  John  R.  Kilhy, 

Peter  B.  Borst,  '  Paul  McNeil, 

Thomas  Branch,  William  H.  Macfarland, 

William  (i.  Brawner,  J.  W.  Marshall, 

George  W.  Brent,  James  Marshall, 

James  V.  Brooke,  J.  T.  Martin, 

Benjamin  W.  Byrne,  Tiiomas  Maslin, 

Frederick  M.  Cabell,  Henry  11.  Masters, 

John  A.  Campbell,  Fleming  B.  Miller, 


JOURNAL  OF  THE  COXVEXTION. 


409 


Messrs.  John  A.  Carter, 
William  P.  Cecil, 
Maniliiis  Chapman, 
Samuel  A.  Coffman, 
C.  B.  Conrad, 
Robert  E    Cowan, 
William  P.  Cooper, 
C.  J.  P.  Cresap, 
W.  H.  B.  Custis, 
Harvey  Deskins, 
James  B.  Dorinan, 
William  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
n.  L.  Gillespie, 
Samuel  L.  Graham, 
Robert  E.  GJrant, 
Peyton  Gravely, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
Addison  Hall, 
Cynis  Hall, 
L.  S.  Hall, 

Alpheus  F.  Haymond, 
John  M.  Heck, 
John"N.  Hendren, 
James  P.  Holcombe, 
J.  G.  Holladay, 


Messrs.  Horatio  G.  Moflett, 
Edmund  T.  Morris, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
Logan  Osbnrn, 
Wdliam  C.  Parks, 
Joseph  H.  Pendleton, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pngh, 
George  W.  Randolph, 
Thomas  J.  Randolph, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  T.  Seawell, 
John  D.  Sharp, 
James  W.  Sheffey, 
Thomas  Sillington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Burwell  Spurlock, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
Johu'T.  Thornton, 
W^illiam  M.  Tredway, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
John  B.  Young.— 88. 


The  question  recurred  upon  the  adoption  of  the  substitute  sub- 
mitted by  Mr.  Seawell,  and  being  put,  was  decided  in  the  neg- 
ative— yeas  24;  nays  78. 

On  motion  of  Mr.  Morris,  the  vote  was  recorded  as  follows: 

The  names  of  those  who  voted  in  the  affirmative  are — 


Messrs.  R.  L.  Montague  (Prest) 
William  M.  Ambler, 
George  W.  Berlin, 
George  Blow,  Jr., 
Thomas  Branch, 
Frederick  M.  Cabell, 
Edward  R.  Chambers, 
Robert  Y.  Conrad, 


Messrs.  Edmund  T.  Morris, 
Hugh  M.  Nelson, 
Logan  Osburn, 
Joseph  H.  Pendleton, 
John  T.  Seawell, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 


410 


JOURNAL  OF  THE  CONYEXTION. 


Messrs.  Lewis  E.  Harvie, 
James  Marshall, 
John  L.  Marye,  Sr. 
Horatio  G.  MoJfett, 


Messrs.  John  T.  Thornton, 

William  M.  Tredway, 
Franklin  P.  Turner, 
William  White— 24. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  Edward  M.  Armstrong,  Messrs 
George  Baylor, 
Angns  R.  Blakey, 
James  Boisseau, 
Peter  li.  Borst, 
William  G.  Brawner, 
George  W.  Brent, 
James  V.  Brooke, 
John  A.  Camphell, 
AIIlmi  T.  Caperton, 
John  A.  Carter, 
Wiiham  P.  Cecil, 
Maiiilins  Chapman, 
Samuel  A.  Cc^fTman, 
R;phaol  M.  Conn, 
(.'.  B.  Conrad, 
Robert  E.  Cowan, 
William  P.  Cooper, 
C.  J.  P.   Cresap, 
John  Critcher, 
W.  II.  B.  Cnstis, 
Harvey  Deskins, 
James  B.   Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
William  W.  Forbes, 
Napoleon  B.  French, 
Colbert  C.  Fngate, 
tSamuel  M.  Garland, 
H.  L.  Gillespie, 
Samuel  L.  Graham, 
Robert  E.  Grant, 
Peyton  Gravely, 
Algernon  S.  Gray, 
Fendall  Gregory,  Jr. 
John  Goode,  Jr. 
Addison  Hall, 
Cyrus  Hall, 
L.S.Hall, 


Alphens  F.  Haymond, 
John  N.  Hendren, 
J.  M.  Heck, 
James  P.  Holcombe, 
George  W.  Hull, 
Lewis  D.  Jsbell, 
John  Janney, 
Robert  C.  Kent, 
John  R.  Kilby, 
John  J.  Kindred, 
Edward  D.  McGuire, 
Paul  McNeil, 
J.  W.  Marshall, 
J.  T.  Martin, 
Thomas  Maslin, 
Henry  H.   Masters, 
Fleming  B.  Miller, 
Stephen  A.  Morgan, 
Samuel  McD.  Moore, 
William  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Thoii.as J.  Randolph, 
John  A.  Robinson, 
Peter  Saunders,  Sr. 
Robert  E.  Scott, 
John  D.  Sharp, 
James  VV.  Sheffey, 
Thomas  Sitlington, 
Burwell  Spurlock, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
Robert  H.  Turner, 
John  Tyler, 
Edward  Waller, 
Samuel  Woods, 
John  B.  Young— 78. 


Mr.  Speed  moved  to  amend ,  the  section,  by  striking  out  the 


JOURXAL  or  THE  CONTENTION.  411 

word  ^' shall,"  in  the  first  line,  and  inserting  the  word  <^may." 

The  question  being  put,  was  decided  in  the  affirmative. 

Mr.  DuLANY  moved  to  further  amend  the  section  by  striking 
out  the  word  ''judicial"  in  the  fifth  line. 

The  question  being  put,  was  decided  in  the  negative. 

The  section  as  amended,  was  then  adopted. 

The  11th  section  was  then  read,  and  passed  by  without  objec- 
tion. 

Mr.  Stuart  moved  to  amend  the  12th  section  by  inserting  af- 
ter the  word  "appeal,"  in  the  first  line,  the  following:  "except 
as  otherwise  provided  in  this  constitution." 

The  question  being  put,  was  decided  in  the  affirmative. 

The  section  as  amended  was  then  adopted. 

The  13th  section  was  then  read ,  and  passed  by  without  objec- 
tion. 

Mr.  Woods  moved  to  amend  the  14th  section  by  striking  out 
all  from  the  heginning  down  to  "  shall,"  in  the  2d  line,  and  in- 
serting  the  following:  "clerks  for  the  circuit  courts,  and  attor- 
neys for  the  Commonwealth,  in  the  circuit  and  county  courts." 

The  question  being  put,  was  decided  in  the  negative. 

Mr.  Haymond  moved  to  amend  th(*  section  by  inserting  after 
the  word  "law,"  in  the  8th  line,  the  li)llovving: 

"  But  there  shall  be  but  one  attorney  for  the  Commonwealth,  in  any  county, 
and  he  shall  be  appointed  by  the  judge  of  the  circuit,  which  that  county  forms 
a  part." 

Mr.  Sfieffey  demanded  the  previous  question,  which  was 
sustained. 

The  main  question  being  upon  the  adoption  of  the  amend- 
ment, submitted  by  Mr.  Haymond,  was  put,  and  decided  in  the 
negative — yeas  23;  nays  72. 

On  motion  of  Mr.  Hall,  of  Lancaster,  the  vote  was  recorded 
as  follows: 

The  names  of  those  who  voted  in  the  afiirmative  are — 

Messrs.  George  Baylor,  L.  S.  Hall, 

George  W.  Berlin,  Alpheus  F.  Haymond, 

Angus  R.  Blakey  J.  M.  Heck, 

Peter  B.  Borst,  John  Janney, 

Benjamin  W.  Byrne,  Robert  C.  Kent, 

John  A.  Carter,  Edward  D.  McGuire, 

William  P.  Cecil,  J.  T.  Martin, 

Robert  E.  Cowan,  Stephen  A.  Morgan, 

William  P.  Cooper,  Thomas  J.  Randolph, 

C.  J.  P.  Cresap,  John  A.  Robinson, 

W.  H.  B.  Custis,  Samuel  Woods— ?3, 
Cyrus  Hall, 


412 


JOURNAL  OF  THE  CONVENTION. 


The  names  of  those  who  voted  in  the  negative  are — 


Messrs.  R.L.  Montagu e(P;-e5/)  Messrs, 
William  M.  Ambler, 
Edward  M.  Armstrong, 
George  Blow,  Jr., 
James  Boisseaii, 
Thomas  i^ranch, 
William  G.  Brawner, 
Jamos  V.  Brooke, 
Frederick  M.  Cabell, 
John  A.  Campbell, 
Allen  T.  Caper  ton, 
Edward  R.  Chambers, 
Manilius  Clia])man, 
Raphael  M.  Conn, 
C.  B.  Conrad, 
Robert  Y.  Conrad, 
John  Critcher, 
Harvey  Deskins, 
James  B.  Dorman, 
William  H.  Dulany, 
Miers  W.  Fisher, 
Napoleon  B.  French, 
Colbert  C.  Fugate, 
Samuel  M.  Garland, 
H.  L.  Gillespie, 
Robert  E.  Grant, 
Peyton  Gravely, 
Fendall  Gregory,  Jr., 
John  Goode,  Jr., 
Addison  Hall, 
Lewis  E.  Harvie, 
John  N.  Hendren, 
James  P.  llol combe, 
George  W.  Hull, 
Lewis  D.  Isbell, 
Marmaduke  Johnson, 


John  R.  Kilby, 
John  J.  Kindred, 
Paul  McNeil, 
William  H.  Macferland, 
J.  W.  Marshall, 
James  Marshall, 
John  L.  Marye,  Sr., 
Thomas  Maslin, 
Henry  H.  Masters, 
Fleming  B.  Miller, 
Horatio  G.  Moffett, 
Edmund  T.Morris, 
Samuel  McD.  Moore, 
Lojjan  Osburn, 
VVriliam  C.  Parks, 
Wm.  Ballard  Preston, 
Samuel  Price, 
David  Pugh, 
George  W.  Randolph, 
Peter  Saunders,  Sr., 
Robert  E.  Scott, 
John  T.  Seawell, 
John  D.  Sharp, 
James  W.  Shetfey, 
Thomas  Sitlington, 
Charles  R.  Slaughter, 
John  M.  Speed, 
Samuel  G.  Staples, 
Alex.  H.  H.  Stuart, 
George  P.  Tayloe, 
John  T.Thornton, 
Robert  H.  Turner, 
Franklin  P.  Turner, 
Edward  Waller, 
William  White, 
John  B.  Young— 72. 


Mr.  Scott,  of  Fauquier,  demanded  the  previous  question, 
which  was  sustained. 

The  main  question  being  upon  the  adoption  of  the  14th  sec- 
tion, was  put  and  decided  in  the  affirmative. 

The  15ih  section  was  then  read  and  passed  by  without  objec- 
tion. 

Mr.  Gravely  moved  to  amend  the  16th  section  so  as  to  read, 
«^  that  the  sheriffalty  shall  be  put  up  to  the  highest  bidder,"  (fcc. 


JOURNAL   OF  THE   CONTENTIOIT.  41 

The  question  being  put,  was  decided  in  the  negative. 
Mr.  Cecil  moved  to  amend  the  section  by  inserting  after  tl 
word  "him,"  in  the  3d  line,  the  following: 

"And  said  courts  shall  assess  upon  the  sheriff,  so  appointed,  such  sum  as  th 
may  deem  reasonable,  to  be  applied  to  the  payment  of  the  county  expenses." 

Mr,  Caperton  demanded  the  previous  question,  which  w 
sustained. 

The  main  question  being  upon  the  adoption  of  the  amen 
ment  submitted  by  Mr.  Cecil,  was  put,  and  decided  in  tl 
negative. 

Mr.  Turner,  of  Jackson  and  Roane,  moved  to  amend  the  se 
lion  by  striking  out  all  from  the  word  "and,"  in  the  second  lin 
down  to  "but,"  in  the  third  line,  and  inserting  the  followin 
"Commissioned  by  the  Governor  and  hold  their  offices  for  tv 
years." 

The  question  being  put  was  decided  in  the  negative. 

Mr.  Stuart  moved  to  amend  the  section  by  inserting  after  tl 
word  "him,"  in  the  third  line,  the  words  "and  hold  their offic 
for  two  years." 

The  question  being  put,  was  decided  in  the  affirmative, 

Mr.  Woods  moved  to  further  amend  the  section  by  insertir 
after  the  word  "public"  in  the  6th  line  the  words,  "andoth 
dues." 

The  question  being  put,  was  decided  in  the  negative. 

The  section  as  amended  was  then  adopted. 

The  17th  section  was  then  read  and  passed  by  without  ol 
jection. 

Mr.  Randolph  moved  to  insert  the  following  as  an  indepei 
dent  section: 

"The  General  Assembly  may  vest  such  jurisdiction  as  shall  be  deemed  prop 
in  corporation  courts,  and  in  the  magistrates  who  may  belong  to  the  corpora 
body. 

Members  of  the  council  or  other  legislative  body,  of  all  cities  and  incorp 
rated  towns,  shall  be  elected  by  the  qualified  voters  thereof.  Attorneys  for  t 
commonwealth,  clerks  of  corporation  courts,  sergeants  of  corporations,  cor 
ners  and  constables  shall  be  appointed  by  the  corporation  courts.  Magistrat 
and  aldermen,  not  elected  by  the  qualified  voters  as  members  of  the  council 
legislative  body,  and  all  other  officers  shall  be  chosen  by  such  council  or  legisl 
tive  body,  and  the  council  or  legislative  body  may  choose  aldermen  from  the 
own  body  who  may  continue  to  be  members  thereof.  The  term  and  tenure 
office  of  all  corporation  officers  shall  be  prescribed  by  the  General  Assembly 

Mr.  Blow  moved  to  amend  the  section,  by  way  of  substituti 
by  striking  out  the  whole  and  inserting  the  following: 

"The  General  Assembly  may  vest  such  jurisdiction,  as  shall  be  deemed  pr 
per,  in  corporation  courts,  and  in  the  magistrates  belonging  to  the  corporal 
body.  The  mayor,  recorder,  councils,  and  justices  of  the  peace,  of  all  cities  an 
incorporated  towns,  shall  be  elected  by  the  qualified  voters  thereof,  and  hoi 
their  offices  as  now  prescribed  by  law.  Sergeants  of  corporations,  clerks,  an 
attornies  for  the  Commonwealth,  for  the  corporation  courts,  coroners  and  consti 


i  JOUETTAL  OF  THE   CONVENTION. 

shall  be  appointed  by  their  respective  courts  in  the  same  mode,  and  hold 
r  offices  for  the  same  terms,  as  prescribed  for  similar  officers  in  ihe  counties 
he  Commonwealth." 

^r.  Slaughter  moved  to  amend  the  substitute  submitted  by 

.  Blow  by  adding  thereto  the  following:  *'  All  other  officers 

the  corporation  shall  be  appointed  by  the  council  or  legisla- 

3  body." 

Pending  which,  Mr.  Raymond  moved  to  pass  by  the  further 

isideration  of  the   "  Report  of  the   Committee  on  Amend- 

nts   to   the  Constitution,"   and   take  up   the   report  of  the 

Committee  on  Elections  upon  the  petition  of  T.  S.  Raymond 

i  others." 

rhe  question  being  put,  was  decided  in  the  affirmative. 

rhe  report  was  then  made  the  order  of  the  day  for  Tuesday 

10  o'clock,  A.  M. 

da.  motion  of  Mr.  PendletoN;  the  Convention  adjourned. 


■Jli^J& 


RULES  MD  REGULATIONS 


ADOPTED^   FOE   THE 


aOVERNMENT 


OF   THE 


STATE    CONVENTION, 


FEBRUARY   15,   1861. 


RICHMOND: 

PRINTED  BY  W.  M.  ELLIOTT. 

1861. 


Ill  Convention,  February  15th,  1S61,  on  motion  of  Mr.  Dor- 


man 


Resolved,  Tliat  tlie  Rules  of  the  Virginia  Convention  of  1850,  so  far  as  appli- 
cable, be  adopted  lor  tlic  govcrnnient  ot  the  Convention,  and  tliat  two  liuudred 
copies  of  Uie  same  be  printed  of  tliis  body. 


RULES  AND  REGULATIONS. 


1.  The  President  of  the  Convention  shall  take  the  Chair  every 
day  precisely  at  the  hour  to  which  the  Convention  shall  have  ad- 
journed tlie  day  preceding;  shall  ininiediately  call  the  members 
to  order,  and  on  the  appearance  of  a  quorum,  shall  cause  the 
Journal  ol  the  preceding  day  to  be  read  for  correction.  He  shall 
preserve  oi'der  and  decorum;  may  speak  to  points  of  order  in  pre- 
ference to  other  members;  rising  from  his  sea^for  that  purpose; 
shall  decide  questions  of  order,  subject  to  an  appeal  to  the  Con- 
vention; shall  daily  examine  and  correct  the  Journal  bef()re  it  is 
read;  shall  have  a  general  direction  of  the  hall;  may  call  any 
member  to  the  Chair  to  perform  its  functions  not  exceeding  one 
day;  shall  set  apart  seats  in  the  hall  for  the  members  of  the  Gen- 
eral Assembly,  and  of  the  Executive  of  this  State,  for  the  Judges 
of  this  State,  and  of  the  United  States;  and  for  such  other  per- 
sons as  he  may  think  proper  to  invite  within  the  hall;  for  any 
disturbance  or  disorder  among  spectators  in  the  hall  or  gallery, 
he  or  the  chairman  of  the  committee  of  the  whole,  (as  the  case 
may  be)  shall  have  power  to  order  the  same  to  be  cleared; 
he  shall  appoint  all  committees  not  otherwise  ordered;  shall 
promptly  call  members  to  order  for  transgressing  the  rules;  and 
when  two  members  rise  at  the  same  time  to  address  the  Chair, 
shall  name  the  one  who  is  to  speak,  taking  care  however  always 
to  allow  a  member  who  rises  and  addresses  the  Chair  first,  to 
speak  first. 

2.  Ni/  member  shall  absent  himself  from  the  service  of  the 
Convention,  unless  he  be  sick  and  unable  to  attend. 

3.  A  member  about  to  speak  or  deliver  any  matter  to  the  Con- 
vention, shall  rise  from  his  seat,  and  without  advancing,  shall, 
with  due  respect  address,  '^  Mr.  President,'^  confining  himself 
strictly  to  the  point  in  debate,  avoiding  all  personality,  and  inde- 
cent and  disrespectful  Ir.nguage.   • 

4.  No  member  while  addressing  the  Convention;  shall  call  an- 
other member  by  name. 

5.  JNo  member  shall  speak  more  than  twice  to  the  same  ques- 
tion without  leave,  nor  more  than  once,  until  every  other  mem- 
ber intending  to  speak  shall  have  spoken. 

6.  The  rules  of  parliamentary  practice,  comprised  in  Jeffer- 
son's Manual,  shall  govern  the  Convention  in  all  cases  to  which 
they  are  applicable,  and  not  inconsistent  with  the  rules  and  or- 
ders of  the  Convention. 

7.  The  Secretaiy  shall  draw  up  the  Journals  of  the  Conven- 


6 

tion  daily,  which,  after  being  examined  and  corrected  by  the 
President,  and  read  to  the  Convention,  shall  be  printed,  aiid  one 
copy  shall  be  delivered  to  him  and  one  to  each  member  without 
delay.  He  shall  not  suffer  any  member,  or  other  person,  to  take 
any  records  or  papers  from  his  table,  or  out  of  his  custody. 

8.  A  question  being  once  determined,  must  stand  as  the  judg- 
ment of  the  Convention,  and  shall  not  again  be  drawn  into  de- 
bate. 

9.  While  the  President  is  reporting  or  putting  a  question,  none 
shall  entertain  private  discourse,  read,  stand  up,  walk  into,  or 
out  of  the  house;  and  when  a  motion  to  lie  on  the  table  is  made, 
there  shall  be  no  debate  upon  that,  or  any  incidental  question 
arising  out  of  it,  including  an  appeal. 

10.  No  member  shall  vote  upon  any  question  touching  his 
own  conduct  or  privilege  as  a  member,  but  shall  be  entitled  to 
vote  upon  all  othir  questions,  before  the  result  of  the  vote  is  an- 
nounced from  the  Chair. 

11.  A  majority  of  the  members  of  the  Convention  shall  be 
necessary  to  transact  business,  and  every  question  shall  be  de- 
termined according  to  the  vote  of  the  majority  of  the  members 
present.  Any  smaller  number  shall  be  sufficient  to  adjourn,  and 
fifteen  to  call  a  house,  and  send  for  the  absent,  and  make  any 
order  for  their  censure  or  discharge. 

12.  A  majority  of  any  committee  shall  be  necessary  to  trans- 
act business. 

13.  Any  person  who  shall  tamper  \vith  any  witness  in  respect 
to  his  evidence  to  be  given  in  this  Convention,  or  before  any  of 
its  committees,  or  who  shall  directly  or  indirectly  attempt  to  de- 
ter, or  hinder  any  person  from  appearing,  or  giving  evidence, 
shall  be  deemed  to  have  committed  a  high  crime,  and  shall  be 
punished  according. 

14.  No  person  shall  be  taken  into  custody  by  the  sergeant-at- 
arms  on  any  complaint  of  a  breech  of  privilege,  until  the  matter 
of  such  complaint  shall  be  examined  by  a  committee  and  report- 
ed tQ  the  house. 

15.  The  sergeant's  fee  shall  be  as  folloAvs:  for  taking  a  person 
into  custody  two  dollars;  for  every  day  detained  in  custody  two 
dollars;  for  sending  a  messenger  to  take  any  person  in  custody 
by  warrant  from  the  President,  eight  cents  per  mile  for  going  and 
the  same  for  returning. 

16.  On  a  call  of  the  house,  the  doors  shall  not  be  shut  against 
any  member  until  his  name  is  once  called  and  noted  as  an  ab- 
sentee. 

17.  When  any  member  shall  remain  in  his  seat  two  daj'-s  after 
leave  of  absence,  such  leave  shall  be  void. 

18.  No  business  shall  be  introduced,  taken  up,-  or  considered, 
after  12 "o'clock,  until  the  orders  of  the  day  shall  be  disposed  of, 
except  that  an  order  of  the  day  commenced  may  continue  from 
day  to  day  until  finished,  to  the  exclusion  of  other  orders. 


19.  Any  member  (seven  otliers  concurring)  shall  have  a  ri^ht 
to  demand  the  ayes  and  noes  upon  any  question, at  any  time  be- 
fore it  be  put,  and  in  such  case,  the  names  of  the  members  shall 
be  called  by  the  Secretary  in  alphabetical  order,  and  the  ayes  and 
noes  entered  respectively  on  the  Journal;  and  the  question  decid- 
ed as  a  majority  of  votes  shall  thereupon  appear.  But  after  the 
ayes  and  noes  are  separately  taken,  and  before  they  are  counted 
and  entered  on  the  Journal,  the  Secretary  shall  read  over  the 
names  of  those  who  voted  in  the  affirmativ^e,  and  of  those  who 
voted  in  the  negative,  in  order  that  any  mistake  in  the  listing  of 
names  and  votes  may  be  corrected. 

20.  The  petitioner  who  contests  the  election  of  a  member  re- 
turned to  serve  in  this  Convention,  shall  receive  his  wages  only 
from  the  day  on  which  he  is  declared  duly  elected. 

21 .  Select  committees  shall  be  composed  of  not  less  than  fiv^e 
nor  more  than  thirteen. 

22.  In  elections,  but  one  vacancy  shall  be  filled  at  a  time,  and 
if,  in  any  election,  no  person  receive  a  majority  of  the  whole 
vote  upon  the  first  ballot,  the  person  having  the  smallest  number 
of  votes  shall  not  be  voted  for  upon  the  next  ballot,  and  so  on 
each  succeeding  ballot,  until  some  person  shall  have  a  majority 
of  the  whole. 

23.  In  all  votes  of  the  house,  except  by  ayes  and  noes,  the 
President  may,  and  at  the  instance  of  any  member,  shall,  cause 
the  house  to  be  divided  ;  and  if  upon  the  rising  of  the  members 
in  the  atfirmative,  a  doubt  still  exists  with  the  President  or  any 
member,  on  which  side  the  majority  is,  the  members  in  the  af- 
firmative shall  first  be  counted,  and  then  those  in  the  negative, 
either  by  the  President  or  at  his  request,  by  two  members  of  op- 
posite opinions  upon  the  question. 

24.  The  documents  ordered  to  be  printed  by  the  Convention 
shall  be  printed  on  paper  of  the  same  size  of  tlie  .Tonrnals  of  the 
Convention,  and  a  copy  shall  be  bound  with  each  Journal,  to  be 
furnished  to  the  members  at  the  end  of  the  session;  and  it  shall 
be  the  duty  of  the  printer  of  the  house  to  print  one  hundred  ad- 
ditional copies  of  each  document  for  the  use  of  the  Common- 
wealth. 

25.  No  committee  shall  sit  during  the  sessions  of  the  Conven- 
tion without  special  leave. 

26.  If  any  member,  Avhile  speaking,  transgress  the  rules  of 
the  Conventioii,  the  President  shall,  or  any  member  may,  call  to 
order;  and  the  member  so  called  to  order  shall  immediately  sit 
down,  unless  permitted  to  explain,  and  the  Conveniion  shall,  if 
appealed  to,  decide  on  the  case,  but  without  debate.  If  there 
be  no  appeal,  the  decision  of  the  Chair  shall  be  subnn'tted  to  ;  if 
the  decision  be  in  favor  of  the  member,  he  shall  proceed — if 
against  him,  he  shall  not  proceed  ;  if  any  other  member  object, 
without  leave  of  the  Convention  ;  and  if  the  case  require  it,  he 
shall  be  liable  to  the  censure  of  the  Convention. 


8 

27.  If  a  member  he  called  to  order  for  words  spoken  in  de- 
bate, the  member  calling  him  to  order,  shall  repeat  the  words 
excepted  to,  and  they  shall  be  taken  down  in  writing  by  the 
secretary;  and  no  member  shall  be  held  to  answer,  or  be  subject 
to  the  censure  of  the  Convention  for  words  spoken  in  debate,  if 
any  other  member  has  spoken,  or  other  business  has  intervened, 
before  exception  to  them  shall  have  been  taken 

28.  While  a  member  is  speaking,  none  shall  entertain  private 
discourse,  or  shall  otherwise  disturb  him,  or  pass  between  him 
and  the  Chair. 

29.  Every  member  shall  remain  uncovered  during  the  ses- 
sions of  the  Convention;  and  no  member  shall  remain  by  the 
secretary's  table  while  the  ayes  and  noes  are  calling,  or  while 
the  Convention  is  voting,  or  the  secretary  calling  or  counting 
the  votes,  in  any  election. 

30.  Every  member  Avho  shall  be  in  the  house  when  a  ques- 
tion is  put  shall  vote,  unless  excused;  and  all  motions  to  ex- 
cuse, in  such  cases,  shall  be  made  before  the  house  divides,  or 
before  the  call  of  the  ayes  and  noes  is  commenced;  and  any 
member  rccpiesting  to  be  excused  from  voting,  may  make  a 
brief  verbal  statement  of  his  reasons,  and  the  question  shall  then 
be  taken  without  further  debate. 

31.  Every  juotion  shall  bp  reduced  to  writing,  if  the  Presi- 
dent or  any  member  desire  it. 

32.  When  a  question  is  under  debate,  no  motion  shall  be  re- 
ceived but  to  adjourn,  for  the  previous  question,  to  lie  on  the 
table,  to  postpone  indefinitely,  to  adjourn  the  question  to  a  dif- 
ferent day,  to  commit,  or  amend;  which  several  motions  shall 
have  precedence  in  the  order  in  which  they  are  arranged. 

33.  l^pon  a  call  for  the  previous  question,  no  member  shall 
speak  more  than  ten  minutes.  Unless  such  call  be  seconded  by 
twenty  members,  indicated  by  rising,  the  President  shall  put  no 
question;  but  if  so  sustained,  a  question  shall  be  immediately 
put  by  the  Chair  to  this  effect,  "  shall  the  main  question  be  now 
put?"  If  on  this  question  a  majority  of  the  House  vote  in  the 
affirmative,  the  Chair  shall  thereupon  put  the  pending  question, 
and  all  incidental  questions  of  order  arising  after  a  motion  is 
made  for  the  previous  question,  and  pending  the  motion,  shall 
he  decided,  whether  on  appsal  or  otherwise,  without  debate. 

34.  Any  member  may  call  for  the  division  of  a  question,  and 
it  shall  be,  thereupon,  divided,  if  it  comprehend  propositions  in 
substance  so  distinct  that  one  being  taken  away,  a  substantive 
proposition  shall  remain  for  the  decision  of  the  house — but  a 
motion  to  strike  out  being  lost,  shall  not  preclude  a  motion  to 
strike  out  and  insert. 

35.  When  the  Convention  is  about  to  rise,  every  member 
shall  keep  his  seat  until  the  President  shall  have  announced  the 
adjournment. 


[No.  1.] 


RESOLUTION 

Submitted  by  Mr,  Haymond^  and  laid 
upon  the  table^  on  his  motion^  Febru- 
ary 25,  1861. 

Resolved,  That  the  Constitution  of  this  State  should 
be  amended,  and  that  this  Convention  will  amend  the 
Constitution  wherein  it  is  necessary  and  proper  that  it 
should  be  amended,  and  wall  submit  the  same,  as 
amended,  to  the  voters  of  the  State  for  their  adoption 
or  rejection. 


[DOC.  m  lyj 


REI>ORT 


OF   THE 


COMMITTEE   OF  ELECTIONS 


ON  THE 


.v^-' 


RETURNS    OF    THE    VOTES 


FOR  AND  AGAINST 


KIFEERIM  THE  ACTION  Of  THE   CONVENTION   TO   THE  PIOPIR 


[Doc.  No.  4.] 


The  Committee  on  Elections  have  examined  theneturnsof  the 
nnniber  of  persons  who  have  voted  for  and  against  referring  the 
action  of  this  Convention  to  the  people,  as  provided  by  the  act 
of  the  General  Assembly,  passed  January  14th,  ISGl,  entitled 
''an  act  to  provide  for  electing  members  of  a  Convention,  and 
to  convene  the  same;"  and  beg  leave  to  report  that  in  all,  except 
the  following  counties,  to  wit:  Barbour,  Boone,  Braxlon,  Bu- 
chanan, Cabell,  Elizabeth  City,  Greene,  Logan,  McDowell, 
Prince  William,  Putnam,  Upshur,  Wayne,  Wise,  Wyoming 
and  York,  from  which  returns  have  not  been  received,  the 
wh(ilc  number  of  votes  cast  was  one  hundred  and  forty  thousand 
five  hundred  and  eleven,  of  which  ninety-six  thousand  six  hun- 
dred and  eighty-four  were  cast  for  referring  to  the  people,  and 
forty-three  thousand  eight  hundred  and  twenty-seven  against  re- 
ferring to  the  people,  showing  a  majority  as  far  as  heard  from  of 
fifty-two  thousand  eight  hundred  and  fifty-seven  for  referring  to 
the  people. 

The  Committee  will  make  a  further  and  final  report  upon  this 
subject  on  receiving  the  returns  from  the  delinquent  counties. 

The  foregoing  result  is  derived  from  the  returns  received  by 
the  President  of  the  Convention,  and  tlie  Governor  of  the  Com- 
monwealth . 

A.   F.  HAYMOND, 
Chairman  of  Committee  on  Elections. 


[DOC.  I'lo.  ^n.'] 


COMMUNICATION 


FROM    THE 


EXECUTIVE  OF  THE  COMMONWEALTH, 


TRANSMITTING   A 


REPORT  FROM  THE  ADJUTANT  GENERAL 


IN  RESPOIVSE  TO  A  RESOLUTION  OF  THE  CONVENTION,  CALLING  FOR  INFOR- 
MATION CONCERNING 


THE  MILITIA  AND  VOLUNTEERS  OF  W  STATE,  &C. 


[Doc.  No.  T.] 


Executive  Department,     ") 
February  27,  1861.         3 

Gentlemen  of  the  Convention: 

111  response  to  your  resolution,  adopted  on  the  20th  instant, 
calling  for  information  as  to  '^the  number  of  the  enrolled  miU- 
tia,  and  of  the  volunteers  of  the  State;  the  number  of  compa- 
nies that  have  been  supplied  with  arms;  their  kind  and  descrip- 
tion," I  communicate  herewith  a  report  from  the  Adjutant  Ge- 
neral. Respectfully, 

JOHN  LETCHER. 


[  Doc.  No,  7.] 


REPORT. 


Adjutant  General's  OpficEj") 
February  27, 1861.     y 

To  his  Excellency  John  Letcher, 

Governor  of  Virginia: 

Sir, — I  have  the  honor  to  report  tl^  information  called  for  by- 
resolution  of  the  Convention  of  the  2lst  instant. 

The  military  force  of  the  State  consists  of  5  divisions,  28 
brigades,  5  regiments  of  cavalry,  5  of  artillery'',  3  regiments 
and  4  battalions  of  uniformed  and  armed  volunteers,  and  197 
regiments  of  infantry  of  the  line.  The  annual  consolidated  re- 
turn up  to  1st  October,  1860,  being  made  \\\)  from  the  latest  bri- 
gade returns,  gives  an  aggregate  of  only  143,255,  officers,  non- 
commissioned officers  and  privates,  although  there  are  undoubt- 
edly not  less  then  200,000  men  in  the  State  subject  to  militia 
duty.  This  is  the  result  of  negligence  on  the  part  of  enrolling 
officers,  and  the  failure  of  some  regiments  to  make  any  returns 
at  all. 

VOLUNTEER    FORCE. 

There  are  now  in  commission  95  troops  of  cavaliy,  26  compa- 
nies of  artillery,  112  companies  of  light  infantiy  and  114  com- 
panies of  riflemen. 

Of  Cavalry: 

7  troops  are  armed  with  sabres  and  percussion  cavalry  pistols. 
2     "       with  sabres  and  cavAlry  musketoons. 

32  «         ''        '^       "     revolvers. 
21     "        "        ''       only— and 

33  are  unarmed. 

Of  the  Artillery: 

11  companies  are  armed  \v\\h  6- pounder  field  guns,  with  car- 

riages and  implements  complete,  and  artillen,'-  swords. 
1  with  (i-pounder  field  guns,  swords  and  Sappers  and  Miners' 

musketoons. 
1  with  6-pounder  field  guns,  swords  and  artillery  musketoons. 
1  with  six  12-pounder  howitzers  and  light  artillery  swords — 
and 

12  are  unarmed. 


6  [Doc.  No.  7.] 

Of  the  Ldght  Infantry: 

6  companies  are  armed  with  rifle  muskets. 

75  '^         ^'      "        '^    percussion  muskets. 
26         <'  "      ''        'f    flintlock         " 

4         "         ^^   without  arms. 

Of  the  Rifletne7i: 

4  companies  are  armed  with  long  range  rifles,  with  sword  at- 
tachment. 
24  comimnies  with  percussioned  rifles. 
10  companies  with  flint  lock  rifles,  and 

76  companies  are  without  arms. 

All   the  armed   companies  are  uniformed.     The  numerical 
strenath  of  the  armed  force  is: 


Cavalry;  with  sabres  and  pistols,  or  sabres  only,  2,547 
Unarmed,  about  -  -  -  1,650 


Artillery — Armed  companies,    -  -  -      820 

Unarmed     '^  -  -  -      660 

Light  Infantry — Companies witli  rifled  muskets,  400 
Companies  with  percussion  do.  3,830 
Companies  with  flint  lock  do.  1,300 
Companies  unarmed,   -  -      250 


Riflemen — Companies  with  long  range  rifles,  -  330 
Companies  with  percussioned  rifles,  1,320 
Companies  unarmed,  -  -  3,600 


4,197 
1,480 

5.780 
5,250 


Making  an  aggregate  of  -  -  -     16,707 

The  military  spirit  which  pervades  the  State,  as  evidenced  by 
the  correspondence  of  this  oflice,  would,  I  beUeve,  in  case  of 
emergency,  double  the  militia  force,  by  men  above  45,  perfectly 
able  and  more  than  willing  to  bear  arms  if  the  State  shall  need 
their  services. 

Veiy  respectfully,  your  obedient  servant, 

WM.  H.  RICHARDSON,  A.  G. 


v>^ 


[DOC.  NO.  vm.] 


REPORT 


OF   THE 


AUDITOR  OF  PUBLIC  ACCOUNTS, 


SHOWING  THE 


AGGREGATE  NUMBER  OF  PERSOIVS  RETURNED  DELUVQUENT  BY  THE 
SHERIFFS  OF  THE  CO.WIONWEALTH, 


FOR   THE 


NON-PAYMENT  OF  TAXES  FOR  1860; 


ALSO 


THE  AGSREGATE  AMOUNT  OF  SUCH  TAXES. 


[Doo.  No.  S.] 


ADDITOR'S    JIEPORT. 


Auditor's  OfficE;,  Richmond,  Va.,  "> 
March  1,  1861.       ]" 

Hon.  John  Janney, 

President  of  the  Convention: 

Sir, — The  following  resolution  of  the  Convention,  adopted  on 
the  26th  of  February,  has  been  under  consideration,  to  wit: 

^'Resolved,  That  the  Auditor  of  Public  Accounts  be  requested 
to  furnish  this  Convention  a  statenient  sliowing  the  aggregate 
number  of  persons  returned  delinquent  by  the  sheriffs  of  the 
different  counties  of  the  Commonwealth,  for  the  non-payment 
■-^of  the  taxes  for  the  year  1860;  also,  the  aggregate  amount  of 
taxes  on  such  delinquent  list." 

By  the  14th  section  of  chapter  thirty-six  of  the  Code,  it  is 
provided  that  the  '<  sheriff  or  other  collector,  after  ascertaining 
Avhich  of  the  taxes  assessed  in  his  comity  cannot  be  collected, 
shall,  as  soon  as  practicable,  in  each  year,  after  the  first  day  of 
October,  make  out  lists"  of  those  delinquent.  It  is  further  pro- 
vided by  the  same  chapter,  that  the  list  of  taxes  so  returned, 
shall  be  credited  to  such  sheriff  or  c(5llectcd  by  the  Auditor,  if 
the  list  be  presented  before  the  1st  day  of  May  next,  after  the 
taxes  were  assessed. 

It  will  be  perceived  that  the  delinquent  lists  of  taxes  assessed 
in  1860,  arc  not  required  by  law  to  be  presented  prior  to  the  30tli 
day  of  April,  1861.  In  practice  the  return  of  the  lists  are  fre- 
quently deferred  for  months,  and  even  years,  after  the  thne  de- 
signated by  law. 

In  consequence  of  the  delinquents  in  the  taxes  of  1860,  not 
being  due  at  this  office,  and  of  the  comparatively  small  number 
returned,  I  have  found  it  impracticable  to  comply  literally  with 
the  resolution.  I  have,  however,  adopted  the  returns  for  the 
year  1858  as  being  more  complete  than  that  of  any  succeeding 
year,  and  enlarged  upon  the  request  of  the  Convention,  and 
have  given  in  detail  by  counties  and  corporations,  and  in  the 
aggregate,  not  only  the  number  returned  delinquent;  but  the 


4  [Doc.  No.  8.] 

number  assessed  with  taxes,  and  the  amount'of  taxes  on  perso- 
nal property  returned  dehnquent. 

To  give  a  more  general  view  of  the  whole  subject,  I  have  also 
appended  a  table  for  the  year  1857,  showing  the  whole  number 
of  persons  assessed  with  taxes,  the  number  returned  delinquent, 
and  the  rate  per  cent,  which  the  delinquents  bear  to  the  whole 
number  assessed,  arranged  by  geographical  districts. 

I  trust,  that  while  I  am  unable  to  comply  with  the  resohition 
of  the  Convention  in  terms,  that  the  tables  here  presented  may 
be  of  some  service. 

I  am,  very  respectfully, 

Your  obedient  servant,  * 

J.  M.  BENNETT, 
Auditor  of  Public  Accounts. 


[Doc.  No.  8.] 


TABLE 

Showmg  the  total  Jiumher  of  white  male  inhabitants  in  the  State 
of  Virginia,  assessed  with  a  capitation  tax  for  the  year  1858; 
and  the  total  number  of  those  so  assessed,  who  were  returned 
delinquent  for  the  non-payment  of  said  tax.  Showing  also 
the  amount  of  tax  on  personal  property  returned  delinquent 
for  the  non-payment  thereof,  for  the  year  1858: 


NAME  OF  THE  COUXTY  AND  CORPORA- 
TION. 

Total  number  of 
white  male  in- 
habitants over 
21  years  of  ape 
not.   exempt 
'from  taxation 
for  186S. 

Number  of  white 
males  over  21 
years  of    ape 
returned      de- 
linquent    for 
nou-paymen  t 
of    capitr.tion 
tax  for  1S08. 

Amount  of   tax 
on   pers  o  n  a  1 
prop  erty  re- 
turned    delin- 
quent for  the 
non  -  payment 
thereof  for  the 
year  ISSS. 

Alleghany 

862 

659 

2,617 

1,706 

2,183 

2,345 

915 

4,210 

1,686 

627 

1,142 

2,966 

1,762 

998 

682 

1,713 

460 

1,288 

1,084 

1,389 

318 

633 

444 

2,731 

435 

802 

1,022 

1,493 

1,405 

1,772 

•    1,073 

665 

1,072 

840 

724 

459 

1,789 

2,276 

267 

53 

363 

355 

979 

435 

172 

735 

169 

107 

.        234 

824 

380 

104 

49 

401 

53 

256 

171 

106 

37 

98 

56 

484 

57 

97 

109 

197 

311 

324 

234 

107 

154 

59 

67 

>♦      458 

693 

$15  40 
12  49 

Amelia 

Albemarle 

92  94 

Amlierst 

49  40 

3'>9  45 

Accomac 

41  45 

Appomattox 

15  90 

Augusta 

141    11 

Barbour 

46  98 

Batli 

18  36 

Braxtou 

38  46 

Bedford 

89  61 

Berkeley 

69  93 

Brooke  

19  58 

Boone 

9  66 

Botetourt 

98  11 

Buchanan  

Buckinijham 

11  26 

28  75 

Brunswick 

27  32 

Cabell 

21  61 

Clay 

6  05 

Craig 

13  70 

Callioiui 

19  d6 

Campbell 

237  93 

Charles  City 

Clarke 

1   14 
15  91 

57  37 
38  10 
35  80 

Charlotte 

Caroline 

Chesterfield 

39  17 

Cumberland 

107  55 
90  25 

Doddridge 

S3  12 

31  71 

161  44 

182  13 

Elizabeth  City 

Fairfax 

Fauquier 

Carried  forward 

51,247 

9,255 

$2,098  52 

[Doc.  No.  8.] 


NAJiE  OF  THE  COUNTY  AND  CORPORA- 
,                 TION. 

Total  number  of 
white  male  in- 
habitants over 
21  years  of  age 
not   exempt 
from  taxation 
for  1S58. 

Number  of  white 
males  over  2: 
years   of    age 
returned     de 
linquent     foi 
non-payment 
of    capitation 
tax  for  1S5S. 

Amount  of   tax 
on   personal 
property    re- 
turned    delin- 
quent for  tlie 
non  -  iiayment 
thereof  fur  the 
year  ls,5s. 

Brought  forward 

51,247 

984 

2,627 

2,555 

1,376 

1,087 

1,331 

2,130 

641 

875 

1,108 

582 

909 

862 

2,379 

2,415 

855 

1,365 

1,605 

2,557 

2,341 

1,228 

829 

1,037 

1,441 

244 

1,895 

2,552 

500 

888 

573 

397 

1,777 

1,252 

708 

3,102 

1,400 

936 

944 

2,352 

1,954 

2,022 

701 

1,581 

1,189 

477 

248 

2,465 

1,958 

1,526 

745 

9,255 
222 
298 
409 
151 
137 
187 
400 
148 

25 
277 

92 

183 

269 

480 

135 

247 

!,t6 

529 

656 

95 

99 

86 

175 

21 

343 

789 

65 

luu 

25 
632 
201 

62 
544 
140 
205 
108 
451 
329 
272 
115 
281 
202 

33 

54 
225 
397 
294 
108 

$2,098  62 
59  10 

Fayette 

Franklin 

Frederick 

153  77 

Floyd 

26  42 

Fluvanna 

15  29 

Gravson 

18  91 

Greenbrier 

58  02 

Greene 

14  69 

Greenesville 

1  66 

Giles 

52  08 

Gilmer 

29  36 

Gloucester 

Gooclilaiul   

75  02 

Halifax 

103  20 

165  38 

Hancock  

8  38 

51   90 

Hardy 

59   11 

16()  49 

Henrico 

255  09 

15  66 

Highland 

9  95 

3  96 

Jackson ' 

50  96 

3  26 

Jefferson 

42  50 

208  05 

KiuK  George 

1   83 

2  38 

King  William 

Lee  . .  ■. 

I'^o  87 

41  40 

Logan  

94  02 

Louisa 

22  26 

79   11 

Madison 

6  00 

103  82 

Marshall 

59  93 
70  34 

Matthews 

125  57 

Mercer « 

64  46 

3  68 

McDowell 

8  82 

Monroe 

43  36 
143  89 

62  41 

Morgan 

Carried  forward 

69,004 

11,392 

$2,706  86 

z 

y 

m 

[Doc.  No.  8.] 


NAME  OF  THE  COUNTY  AND  CORPORA- 
TION. 

Total  number  o 
wliite  male  in 
liabitants  ovei 
21  years  of  afrt 
not   exempt 
from  taxation 
for  1858. 

-Number  of  white 
males  over  21 
years   of    age 
returned     de- 
linquent   for 
non  -  payment 
of    capitation 
tax  for  ]^.^-.. 

Amount   of   tax 
on  per  s  o  n  a  1 
property    r  e  - 
turned     delin- 
quent for  the 
non  -  payment 
thereof  for  the 
year  1858. 

Brought  forward 

Nanseniond • 

69,004 

1,148 

1,228 

471 

1,095 

3,247 

634 

,     709 

518 

1,019 

3,683 

1,298 

1,372 

373 

1,097 

2,344 

3,183 

779 

572 

946 

692 

976 

1,314 

736 

1,042 

656 

928 

1,023 

679 

1,140 

898 

1,143 

2,588 

3,916 

1,635 

1,024 

2,678 

1,774 

1,554 

1,206 

1,293 

511 

703 

1,322 

2,101 

241 

1,131 

1,186 

858 

147 

2,531 

192 

196 

"43 

209 

1,322 

117 

85 

61 

89 

1,125 

190 

.224 

lis 

62 

243 

457 

46 

50 

112 

69 

36 

238 

163 

129 

72- 

80 

286 

152 

150 

131 

172 

645 

151 

305 

244 

430 

390 

469 

117 

830 

80 

62 

287 

481 

18 

91 

192 

189 

23 

504 

|;2,706  86 

20  79 

Nelson 

14  93 

New  Kcut 

24  47 

Norfolk  Couiitv 

335  76 

Nortlianipton 

19  37 

Nortluiniberland 

15  00 

Nottoway 

20  00 

Orange 

13  93 

Ohio 

87  08 

Page 

44  12 

Patrick 

34  21 

Pleasants 

25  57 

Pendleton 

20  57 

Preston 

64  34 

89  29 

Pocahontas 

10  32 

Powliatan 

prince  J^dward 

17  69 
48  94 

6  40 

Princess  Anne 

24  29 

30  94 

Pulaski 

33  13 

Putnam 

27  42 

Ralei-h 

21  36 

30  92 

Rappahannock 

37  48 

Richmond 

40  54 

Ritchie 

41  54 

40  98 

Roanoke. 

43  01 

140  48 

Rockingham 

88  42 

101  60 

8taflbrd 

40  iS 

92  10 

Scott 

79  53 

192  08 

Southampton 

56  04 

Surry 

17  08 

6  85 

92  64 

Tavlor 

110  31 

Tucker 

3  50 

Tvler 

32  00 

Upshur 

31  57 
19  03 

Warwick 

80  32 

Carried  forward 

65,338 

11,631 

$2,467  82 

[Doc.  No.  8.] 


NAME  OF  THE  COUNTY  AND  CORPORA- 
TION. 


Brought  forward. 

Wayne ; . . . . 

Westmoreland 

Wetzel 

Wirt 

Wise 

Wood 

Wyoming 

Wythe 

York 

Danville 

Norfolk  City 

Petersburg , 

Richmond  City 

Williamsburg 


Total  number  of 
wliite  male  in- 
habitants over 
21  years  of  age 
not  exempt 
from  taxation 
for  1S58. 


65,338 
1,163 

713 
1,128 

030 

711 
2,153 

415 
2,000 

489 

230 
1,571 
1,832 
3,591 

137 


202,357 


Nnmber  of  white 
males  over  21 
years  of  age 
returned  de- 
linquent for 
non  -  payment 
of  capitation 
tax  for  1S5S. 


'll7 

175 

141 

83 

43 

538 

69 

633 

86 

49 

545 

552 

1,770 


37,230 


Amount  of  tax 
on  pers  o  n  a  i 
property  r  e  - 
turned  delin- 
quent for  the 
non  -  payment 
thereof  for  tlie 
year  1S58. 


$2,467  82 

39  43 

6  22 

22  79 

17  12 
31  47 

119  19 

18  10 
85  59 
15  81 
26  55 
12  66 

482  85 
957  24 


$9,208  52 


The  capitation  tax  on  the  37,230  persons  delinquent  for  the 
year  1858,  amount  to  $29,784,  which,  together  with  the  taxes 
on  personal  property,  amount  to  $38,992  52. 


[Doc.  No    8.] 


TABLE 


Showing  the  aggregate  number  of  persons  over  twenty-one  years 
of  age,  who  were  assessed  with  a  capitation  tax  for  the  year 
1857,  and  the  nimibcr  returned  delinquent  for  the  non-payment 
of  said  tax.  Showing  also  the  rate,  per  ceiit.  of  delinquency 
hi  the  whole  State,  and  of  each  grand  division  of  the  State: 

Whole  number  of  persons  over  twenty-one  years  of  age, 

assessed  with  a  capitation  tax  for  the  year  1857,  199,307 

Number  of  delinquents  for  that  year  being  18.59  per 

cent,  upon  the  whole  number  assessed,  37,059 

Number  who  pay  tax,  162,248 


BY  districts: 

Number  in  Tide- Water  district,  43,921 

Dehnquent  23.79  per  cent.  10,451 


Number  who  pay  tax,  33,470 

Number  in  Piedmont  district,  46,519 

Dehnquent  15.59  per  cent.  7,253 


Number  who  pay  tax,  39,366 

Number  in  Valley  district,  34,541 

Delinquent  15.80  per  cent.  5,459 


Number  who  pay  tax,  29,082 

Number  in  Trans- Alleghany  district,  74,326 

Delinquent  18.69  per  cent.  13,896 


Number  who  pay  tax,  60,430 


I 


V5 


[1)0C.  NO.  X.] 


REPORT 


FROM  THE 


COMMITTEE  APPOIIVTED  TO  UVQUIRE  WHETHER  ANY  MOVEMENT  OF  ARMS 
OR  MEN  HAS  BEEN  MADE, 


BY  THE 

GENERAL  GOVERNMENT, 

TO  ANY 

% 

fOIT  OB  Mil  II  i  HIBIK  IFi  VIBMIl 

INDICATING  A  PURPOSE 

FOR 

ATTACK  OR  COERCION, 


AND 


ACCOMPANYING    DOCUMENT. 


[Doc.  No.  10.]  S 


REPORT. 


The  committee  to  whom  was  referred  a  resohition  with  in- 
structions "to  inquire  and  report  as  speedily  as  practicable, 
whether  any  movement  of  arms  or  men,  has  been  made  by  the 
General  Government  to  any  fort  or  arsenal  in  or  bordering  upon 
Virginia,  indicatmg  a  preparation  for  attack  or  coercion,"  beg 
leave  to  report: 

That,  from  information  derived  from  such  sources  as  were 
accessible  to  Iheiii,  they  are  of  opinion,  that  there  has  been  no 
movement  of  arms  or  men  by  the  General  Government,  with 
any  purpose  of  attack  or  coercion. 

In  regard  to  fortress  Monroe,  there  is  no  doubt  that  since  the 
first  of  January  last,  it  nas  been  put  in  a  better  condition  for  de- 
fence, against  attack  from  all  quarters,  than  at  any  time  before. 
Guns  have  been  mounted  upon  the  lond  side,  pointing  inland, 
a  portion  of  the  fort,  which  was  before  comparatively  unpro- 
tected, and  increased  vigilance  has  been  exercised  in  and  around 
the  fort.  It  was  in  evidence  before  your  committee,  that  the 
practicability  of  taking  this  fort,  in  certain  contingencies,  had 
been  discussed,  in  the  neighborhood,  and  they  are  of  opinion, 
that  nothing  has  been  done  by  those  in  command  of  the  fort, 
which  might  not  be  regarded  by  them  as  proper  measures  of 
protection  on  their  part. 

Your  committee  have  been  informed  by  the  war  department 
at  Washington,  that  within  the  period  supposed  to  be  alluded  to 
there  has  been  no  increase  of  the  public  arms,  in  the  arsenal  in 
Virginia,  nor  any  transfer  of  them  from  one  point  to  another,  in 
the  kState,  except  one  hundred  muskets,  sent  from  Harper's 
Ferry  to  Fort  Monroe,  to  supply  a  deficiency,  and  some  weeks 
since,  a  company  of  troops  was  withdrawn  from  the  latter  place, 
with  a  view  of  reinforcing  a  Southern  fort. 

It  also  appears,  from  information  satisfactory  to  your  commit- 
tee, that  a  company  of  recruits,  consisting  of  fifty  men,  were 
removed  some  months  ago,  from  Carlisle  Barracks,  to  Harper's 
Ferry,  to  act  as  a  guard,  in  the  event  of  an  attack,  which  the 
superintendent  has  just  grounds  to  apprehend,  was  contemplated 


4  [Doc.  No.  10.] 

by  persons  not  residing  in  Virginia,  or  sympathizing  with  the 
South. 

It  will  be  seen,  from  a  letter  herewith  filed,  and  addressed  by 
the  Secretary  of  War  to  your  committee,  that  no  other  move- 
ment of  troops  has  taken  place  in  Virginia  within  the  last  twelve 
months,  than  those  herein  specified. 

WILLIAM  M.  TREDWAY, 

Chairman  of  the  Committee. 


[Doc.  No.  10.] 


War  Department^  ") 
February  27,  1S61.      5 

Sir, — In  reply  to  yonr  note  of  yesterday's  date,  communi- 
cating a  resolution  of  the  Convention  of  the  State  of  Virginia, 
directing  an  inquiry  whether  '^ any  movement  of  arms  or  men 
has  been  made  by  the  General  Government  to  any  fort  or  arsenal 
in  or  bordering  upon  Virginia,  indicating  a  preparation  for  attack 
or  coercion."  I  have  the  honor  to  state  that  no  such  movement 
has  taken  place,  nor  has  any  such  been  contemplated.  Within 
the  period  supposed  to  be  referred  to,  there  has  been  no  increase 
of  the  public  arms  in  the  arsenal  in  Virginia,  nor  any  transfer  of 
them  from  one  point  to  another,  in  the  State,  except  one  hun- 
dred muskets  sent  from  Harper's  Ferry  to  Fort  Monroe  to  supply 
a  deficiency.  Some  months  ago  a  ci'impany  of  recruits  was 
ordered  from  Carlisle  Barracks  to  Harper's  Ferry,  for  the  protec- 
tion of  the  establishment  against  an  apprehended  attack  from 
disorderly  persons.  This  was  done  upon  the  request  of  jNIajor 
Barbour,  the  superintendent.  Some  weeks  since,  a  company  of 
troops  was  withdrawn  from  Fortress  ]Mouroe,  with  a  view  of  re- 
inforcing a  Southern  Fort,  but  not  flir  any  purpose  of  attack  or 
coercion. 

These  are  the  only  movements  of  troops  which  have  taken 
place  in  Virginia  within  the  last  twelve  months. 
Very  respectfully, 

Your  obedient  servant, 

J.  HOLT,  Secretary  of  War. 


[DOC.  NO.  XL] 


COMMUISriCATION 


FROM  THE 


EXECUTIVE  OF  THE  COMMONWEALTH, 


TRANSMITTING 


A  REPORT  FROM  THE  COMMISSIONERS 


APPOINTED  TO  REPRESENT  THIS  COMMONWEALTH,  IN  THE  CONFERENCE 

WHICH  CONVENED  IN  WASHINGTON  CITY,  ON  THE 

4TH  DAY  OF  FEBRUARY,  1861. 


[Doc.  No.  11.] 


Executive  Department,  March  6th,  1861. 

Gentlemen  of  the  Convention  : 

In  obedience  to  the  requirements  of  the  fourth  resolution  of 
the  series,  adopted  by  the  General  Assembly  on  the  19th  day  of 
January  last,  I  communicate  herewith  a  report  from  the  com- 
missioners appointed  to  represent  this  Commonwealth  in  the 
Conference  which  convened  in  Washington  City  on  the  4th  day 
of  February  last.     The  report  was  delivered  to  me  last  evening. 

Respectfully, 

JOHN  LETCHER. 


[Doc.  No.  11.] 


COMMISSIONERS'  REPORT. 


To  his  Excellency  John  Letcher, 

Governor  of  Virginia : 

The  undersigned  Commissioners,  in  pursuance  of  the  wishes 
of  the  General  Assembly,  expressed  in  their  resolutions  of  the 
19th  day  of  January  last,  repaired  in  due  season  to  the  City  of 
Washington.  They  there  found,  on  the  4th  day  of  February, 
the  day  suggested  in  the  overture  of  Virginia  for  a  Conference 
with  the  other  States,  Commissioners  to  meet  them  from  the  fol- 
lowing States,  viz:  Rhode  Island,  New  Jersey,  Delaware,  Mary- 
land, New  Hampshire,  Vermont,  Connecticut,  Pennsylvania, 
North  Carolina,  Oiiio,  Indiana,  Illinois  and  Kentucky.  Subse- 
quently, during  the  continuance  of  tlic  Conference,  at  different 
periods,  appeared  likewise  Commissioners  from  Tennessee, 
Massachusetts,  Missouri,  New  York,  Maine,  fowa,  and  Kansas; 
so  that,  before  the  close,  twenty-one  States  were  represented  by 
Commissioners,  appointed  either  by  the  Legislatures  or  Gover- 
nors of  the  respective  States. 

The  undersigned  communicated  the  resolutions  of  the  General 
Assembly  to  the  Conference,  and  both  before  the  committee,  ap- 
pointed to  recommend  a  plan  of  adjustment,  and  the  Conference 
itself,  urged  the  propositions  known  as  the  Crittenden  resolu- 
tions, with  the  modifications  suggested  by  the  General  Assembly 
of  Virginia,  as  the  basis  of  an  acceptable  adjustment. 

They  were  not  adopted  by  the  Conference,  but  in  lieu 
thereof,  after  much  discussion  and  the  consideration  of  many 
proposed  amendments,  an  Article  with  seven  sections,  intended 
as  an  amendment  to  the  Constitution,  (a  copy  of  which  Article 
is  hereto  adjoined,)  was  adopted  by  sections,  (not,  under  the 
rules,  being  voted  on  as  a  whole,)  and  by  a  vote  of  the  Confer- 
ence, (not  taken  by  States)  was  directed  to  be  submitted  to 
Congress,  with  the  request  that  it  should  be  recommended  to 
the  States  for  ratification,  which  was  accordingly  done  by  the 
President  of  the  Conference. 

The  undersigned  regret  that  the  Journal,  showing  the  pro- 
ceedings and  votes  in  the  Conference,  has  not  yet  been  pub- 
lished or  furnished  them,  and  that  consequently  they  are  not 


6  [Doc.  No.  11.] 

able  to  present  it  with  this  report.  As  soon  as  received ,  it  will 
be  communicated  to  your  Excellency.  In  the  absence  of  that 
record,  it  is  deemed  appropriate  to  state  that  on  the  final  adop- 
tion of  the  first  section,  two  of  the  States,  Indiana  and  Missouri, 
did  not  vote,  and  New  York  was  divided,  and  that  the  vote  by 
States  was — Ayes  9,  Noes  8 — Virginia,  by  a  majority  of  her 
Commissioners,  voting  in  the  negative.  The  other  sections 
were  adopted  by  varying  majorities,  (not  precisely  recollected,) 
and  on  the  5th  and  7  th  sections,  the  vote  of  Virginia  was  in  the 
negative. 

The  plan,  when  submitted  to  Congress,  failed  to  receive  its 
recommendation;  and  as  that  body,  having  adjourned,  can  take 
no  further  cognizance  of  it,  the  undersigned  feel  the  contingency 
has  arrived  on  which  they  are  required  to  report,  as  they  hereiri 
do,  the  result  of  their  action. 

Respectfiilly, 

JOHN  TYLER, 
G.  W.  SUMMERS, 
V^.  C.  RIVES, 
JAMES  A.  SEDDON. 


[Doc.  No.  11.] 


ARTICLE  XIII. 

Section  1.  In  all  the  present  territory  of  the  United  States, 
north  of  the  parallel  of  thirty-six  degrees  and  thirty  minutes  of 
north  latitude,  involuntary  servitude,  except  in  punishment  of 
crime,  is  prohibited,  hi  all  the  present  territory  south  of  that 
line,  the  status  of  persons  held  to  service  of  labor,  as  it  now  ex- 
ists, shall  not  be  changed;  nor  shall  any  law  be  passed  by  Con- 
gress or  the  Territorial  Legislature  to  hinder  or  ])rcv^ent  the 
taking  of  such  persons  from  any  of  the  States  of  this  Union  to 
said  territory,  nor  to  impair  the  lights  arising  from  said  relation j 
but  the  same  shall  be  subject  to  judicial  cognizance  in  the  fede- 
ral courts,  according  to  the  course  of  the  conmion  law.  When 
any  territory  north  or  south  of  said  line,  within  such  boundary 
as  Congress  may  prescribe,  shall  contain  a  population  equal  to 
that  required  for  a  member  of  Congress,  it  sliall,  if  its  form  of 
government  be  republican,  be  admitted  into  the  Union  on  an 
equal  footing  with  the  original  States,  with  or  without  involun- 
tary servitude,  as  such  constitution  of  the  State  may  provide. 

Section  2.  No  territory  shall  be  acquired  by  the  United 
States,  except  by  discovery  and  for  naval  and  commercial  sta- 
tions, depots,  and  transit  routes,  without  the  conciUTence  of  a 
majority  of  all  the  Senators  from  States  which  allow  involuntary 
servitude,  and  a  majority  of  all  the  Senators  from  States  Avhich 
prohibit. that  relation;  nor  shall  territory  be  acquired  by  treaty, 
unless  the  votes  of  a  majority  of  the  Senators  from  each  class  of 
States  herein  before  mentioned  be  cast  as  a  part  of  the  two-third 
majority  necessary  to  the  ratificatton  of  such  treaty. 

Section  3.  Neither  the  Constitution,  nor  any  amendment 
thereof,  shall  be  construed  to  give  Congress  power  to  regulate, 
abolish,  or  control,  within  any  State  of  the  United  Stales,  the  re- 
lation established  or  recognized  by  the  laws  thereof  touching 
persons  held  to  labor  or  involuntary  service  therein,  nor  to  in- 
terfere with  or  abolish  involuntary  service  in  the  District  of  Co- 
lumbia without  the  consent  of  IMaryland  and  without  the  con- 
sent of  the  owners,  or  making  the  owners  who  do  not  con- 
sent just  compensation;  nor  the  power  to  interfere  with  or  pro- 
hibit representatives  and  others  from  bringing  with  them  to  the 
Districtof  Columbia,  retaining  and  taking  away,  persons  so  held 
to  labor  or  service,  nor  the  power  to  interfere  with  or  abolish  in- 
voluntary service  in  places  under  the  exclusive  jurisdiction  of  the 
United  States  within  those  States  and  Territories  where  the  same 
is  established  or  recognized;  nor  the  power  to  prohibit  the  remo- 
val or  transportation  of  persons  held  to  labor,  or  involuntary  ser- 
vice iu  any  State  or  Territory  of  the  United  States  to  any  other 


8  [Doc.  No.  11.] 

State  or  Territory  thereof  where  it  is  estabhshed  or  recognized 
by  law  or  usage;  and  tlie  right  during  transportation,  by  sea  or 
river,  of  touching  at  ports,  shores  and  landings,  and  of  landing 
in  case  of  distress,  shall  exist,  but  not  the  right  of  transit  in  or 
through  any  State  or  Territory,  or  of  sale  or  traffic  against  the 
laws  thereof  Nor  shall  Congress  have  power  to  authorize  any 
higher  rate  of  taxation  on  persons  held  to  labor  or  service  than 
on  land. 

The  bringing  into  the  District  of  Columbia  persons  held  to  la- 
bor or  service  for  sale,  or  placing  them  in  depots  to  be  afterwards 
transferred  to  other  places  for  sale  as  merchandise,  is  prohibited. 

Section  4.  The  third  paragraph  of  the  second  section  of  the 
fourth  article  of  the  ConstitutiOTi  shall  not  be  construed  to  pre- 
vent any  of  the  States,  by  appropriate  legislation,  and  through 
the  action  of  their  judicial  and  ministerial  officers,  from  enforcing 
the  delivery  of  fugitives  from  labor  to  the  person  to  whom  such 
service  or  labor  is  due. 

Section  5.  The  foreign  slave  trade  is  hereby  forever  prohi- 
bited; and  it  shall  be  the  duty  of  Congress  to  pass  laws  to  pre- 
vent the  importation  of  slaves,  coolies,  or  persons  held  to  service 
or  labor,  into  the  United  States  and  the  Territories  from  places 
beyond  the  limits  thereof 

Sectiox  6.  The  first,  third  and  fifth  sections,  together  with 
this  section  of  these  amendments,  and  third  paragraph  of  the 
second  section  of  the  first  article  of  the  Constitution,  and  the 
third  paragraph  of  the  second  section  of  the  fourth  article  there- 
of, shall  not  be  amended  or  abolished  without  the  consent  of  all 
the  States, 

Section  7.  Congress  shall  provide  by  law  that  the  Uniied 
States  shall  pay  to  the  owjier  the  full  value  of  his  fugitive  from 
labor,  in  all  cases  where  the  marshal,  or  other  officer,  whose 
duty  it  was  to  arrest  such  fugitive,  was  prevented  from  so  doing 
by  violence  or  intimidation  from  mobs  or  riotous  assemblages,  or 
when,  after  arrest,  such  fugitive  was  rescued  by  like  violence  or 
intimidation,  and  the  owner  thereby  deprived  of  the  same;  and 
Congress  shall  provide  by  law  for  securing  to  the  citizens  of  each 
State  the  privileges  and  immunities  of  the  several  States. 


[DOC.  NO.  XIL] 


coiMMUisrio^Tioisr 


FROM 


HoiT.  JOHIT  W.  BROCKENBROUGH, 


ADDRESSED   TO 


HON.   JOHN   TYLER, 

EX-PRESIDENT  OF  THE  UNITED  STATES, 


AND 


HON.   GEORGE    W.   SUMMERS. 


[Doc.  No.  12.] 


JUDGE,  BPtOCKENBROUGH'S  LETTER. 


Washington,  March  2,  1861. 

The  Hon.  John  Tyler,  cx-Prcsidetit  of  the  United  States,  and 
Hon.  George  W.  Summers: 

Gentlemen, — I  beg  leave  to  address  you,  as  two  of  the  Com- 
missioners representing  the  State  of  Virginia  in  the  late  Peace 
Conference  at  Washington,  and  also  as  members  of  the  State 
Convention,  now  sitting  at  Richmond,  and  to  state,  as  briefly  as 
I  can,  my  views  in  reference  to  the  results  of  that  Conference. 

The  act  of  the  General  Assembly  of  Virginia  which  originated 
the  Conference,  declares  the  patriotic  purposes  which  impelled 
the  Legislature  in  resorting  to  this  extraordinary  mode  of  adjust- 
ing the  unhappy  controversy  which  now  divides  the  States  of  this 
Confederacy,  and  declares  that  unless  it  be  satisfactorily  adjusted, 
"ajiermanent  dissolution  of  the  Union  is  inevitable;  and  the 
General  Assembly,  representing  the  wishes  of  the  people  of  this 
Commonwealth,  is  desirous  of  employing  every  reasonable 
means  to  avert  so  dire  a  calamity,  and  determined  to  make  a 
final  effort  to  restore  the  Union  and  the  Constitution  in  the  spirit 
in  Avhich  they  were  established  by  the  fathers  of  the  llepubh'c." 
The  act  further  declared  the  opinion  of  the  General  Assembly  to 
be,  that  the  resolutions  submitted  to  the  Senate  of  the  .United 
States  by  Mr.  Crittenden,  with  several  specified  modifications, 
constitute  the  basis  of  such  an  adjustment  of  the  controversy  as 
would  be  accepted  by  the  people  of  Virginia. 

The  plan  of  adjustment  agreed  upon  by  a  majority  of  the  Con- 
ference differs  in  many  important  particulars  from  the  scheme  of 
Mr.  Crittenden.  The  main  difliculty  we  had  to  contend  with  in 
the  Conference,  was  in  a  satisfactory  adjustment  of  the  Territo- 
rial question.  The  Crittenden  plan  distinctly  recognizes  slavery 
of  the  African  race  south  of  latitude  30°  30^  as  existing,  and  pre- 
cludes (congress  from  interfering  therewith:  and  declares  that  it 
shall  he  protected  as  pj'operty  by  all  the  departments  of  the  terri- 
torial government  during  its  continuance.  The  Conference  plan 
contains  no  suclr recognition,  eo  nomine,  but  declares  that  "the 
status  of  persons  held  to  involuntary  service  or  labor,  as  it  now 
exists,  shall  not  be  changed:  nor  shall  any  law  be  passed  by 


4  [Doc.  No.  12.] 

Congress  or  the  Territorial  legislature  to  hinder  or  prevent  the 
taking  of  such  persons  from  any  of  the  States  to  said  territories, 
nor  to  impair  the  rights  arising  from  said  relation;  but  the  same 
shall  be  subject  to  judicial  cognizance  in  the  federal  courts,  ac- 
cording to  the  course  of  the  common  law." 

Whether  this  provision  is  substantially  equivalent  to  the  cor- 
responding clause  of  the  Crittenden  plan  is  a  question  of  inter- 
pretation. The  language  of  the  latter  is  clear  and  perspicuous; 
of  the  former,  vague  and  ambiguous.  Whatever  the  true  con- 
struction of  it  be,  it  is  a  most  weighty  objection  to  it,  that  it 
admits  of  various  interpretations.  The  rights  arising  from  the 
relation  of  master  and  slave  are  expressly  recognized,  and  the 
Federal  Courts  are  required  to  take  cognizance  of  them;  but 
neither  the  Executive  nor  Legislative  department  is,  m  terms, 
required  to  protect  them.  Its  advocates  in  the  Conference  in- 
sisted that  while  the  rights  arising  from  the  relation  are  referred 
to  the  judicial  determination  of  the  courts,  the  recognition  of 
them  in  the  article,  by  a  just  implication,  imports  that  it  is  the 
duty  ol'  the  Legislature  to  afford  them  ample  protection  by  posi- 
tive enactment  of  laws  necessary  to  accomplish  the  end.  If 
this  be  the  proper  construction  of  the  clauses,  and  in  my  opinion 
it  is — the  guarantee  of  protection  of  the  rights  of  property  in 
slaves  in  the  territories  is  equivalent  to  that  contained  in  the 
Crittenden  scheme.  But  we  have  to  resort  to  implication  to 
deduce  it.  The  terms  employed,  the  secure  protection  of  the 
rights  growing  out  of  the  relation  of  master  and  slave  are  nega- 
tive only;  they  shall  not  be  changed,  or  the  introduction  of 
slaves  hindered,  or  the  rights  of  the  master  impaired  by  legisla- 
tion. No  duty  is  prescribed  to  hedge  them  around  with  proper 
enactments.  It  is  for  this  reason  that  I  made  a  most  strenuous 
effort  to  amend  the  section  by  interpolating  the  words — "and  it 
shall  be  the  duty  of  the  territorial  Government,  in  all  its  depart- 
ments, to  protect  the  rights  arising  from  said  relation."  The 
effort  was  repeatedly  and  most  earnestly  made.  It  was  ineffec- 
tual, but  it  is  fair  to  say  that  the  sense  of  the  Conference  was 
not  tested  on  this  particular  question — the  consideration  of  the 
amendment  being  precluded  by  the  ruling  of  the  chair,  that  the 
section  was  not  then  amendable. 

The  rights  of  the  master  are  made  subject  to  judicial  cogni- 
zance accoi'ditia^  to  the  course  of  the  common  lav)!  How  far  can 
the  courts  afford  protection  to  the  rights  of  the  master  to  his 
slave,  according  to  the  course  of  the  common  law?  Where  legal 
rights  exist,  that  most  wise  and  flexible  system  of  law  known  as 
the  common  law  always  supplies  the  appropriate  remedies  lor 
their  enf  ircement.  The  invasion  of  a  riglit  is  an  injury,  for  the 
redress  of  which  a  suitable  remedy  was  always  afforded;  for  the 
common  law  knows  no  such  anomaly  as  a  wrong  without  a 


[Doc.  No.  12.]  5 

remedy.  Any  civil  injury,  therefore,  to  tlie  rights  growing  out 
of  the  relation  of  master  and  slave  would  be  redressed,  accord- 
ing to  the  course  of  the  common  law,  by  supplying  the  appro- 
priate remedy  of  detinue,  trover,  case,  6cc.  It  is  said  that  at 
common  law,  slavery  was  not  recognized — that  at  common  law, 
man  could  not  have  properly  in  man;  and  the  celebrated  Som- 
erset case,  and  the  late  Anderson  case  are  cited,  in  su])port  of 
the  proposition;  to  which  mav  be  added  the  imposing  authority 
of  W.  H.  Seward  himself  2"Seward's  Works,  vol.  11,  p.  453-4. 
I3ut  the  common  law  is  not  retcrred  to  here  to  determine  rig/iifi, 
but  simply  to  furnish  i-emedics  for  injuries  to  rights  recognized 
by  the  section  in  explicit  terms.  The  princij)le  that  rights 
always  draw  after  them  at  common  law  the  remedy  for  injuries 
to  those  rights,  does  not  apply  to  public  v/rongs  or  crimes. 
These  are  not  pmiishable  until  defined  and  appropriate  penalties 
denounced  either  by  the  common  law  or  by  statute.  But  we 
cannot  look  to  the  common  law  as  a  source  of  criminal  jurisdic- 
tion in  the  Federal  Courts  where  those  rights  are  made  cogniza- 
ble, for  those  tribunals  have  no  such  jnri&diction,  and  can  only 
take  cognizance  of  crimes  specially  created  or  defined  by  sta- 
tute. Statutes  prescribing  police  regulations  are  indispensable 
in  a  slaveholding  country;  but  the  duty  of  enacting  them  is  not 
enjoined  by  this  section,  unless  it  be  iniplied  from  the  recogni- 
tion of  the  rights  arising  from  the  relation  of  master  and  slave. 
Is  it  a  fair  implication  from  the  language  of  this  section,  that  it 
is  the  duty  of  the  territorial  Legislature  of  New  Mexico  to  pro- 
tect the  rights  of  slave  owners  by  all  proper  enactments?  In  my 
judgment,  it  admits  of  no  odier  fair  or  reasonable  construction. 
There  is  much  circumlocution  to  avoid  the  use  of  the  terms 
''slaves"  and  "slavery";  but  the  sto^w5  of  persons  held  to  in- 
voluntary service  or  labor  there,  is  that  of  slavery,  and  the  per- 
sons so  held  are  slaves:  that  status — that  is,  the  state  or  condi- 
tion of  slavery  shall  not  be  changed,  nor  the  importation  or 
introduction  of  such  persons  from  any  of  the  States  prevented, 
nor  the  rights  arising  from  such  relation  impaired.  They  would 
be  impaired  without  proper  legislation  for  their  protection,  and 
the  duty  of  such  protection  may  therefore  be  inferred,  since  the 
failure  to  legislate  may  as  effectually  impair  the  rights  recog- 
nized, as  positive  hostile  legislation.  But,  in  point  of  fact,  there 
is  no  necessity  fu"  such  legislation  in  New  Mexico.  It  exists 
already  in  very  ample  measure,  as  I  learn  from  undoubted  au- 
thority. The  status  of  such  persons,  as  it  now  exists,  is  recog- 
nized as  a  status  of  slavery,  and  of  slavery  only;  the  rights  of 
the  niaster  are  already  fully  protected  by  law,  and  to  repeal 
those  laws  would  be  a  clear  violation  of  the  spirit  and  very 
words  of  this  section,  as  it  would  certainly  impair,  most  proba- 
bly destroy,  those  rights.     Upon  every  sound  principle  of  inter- 


6  [Doc.  No.  12.] 

pretation,  I  think  that,  the  rights  of  the  master  to  his  slaves,  as 
property,  are  protected  by  this  section. 

The  second  section  introduces  a  new,  and  as  I  think,  valua- 
ble principle.  So  far  as  the  acquisition  of  future  territory  is 
concerned,  it  creates  a  dual  Senate,  by  an  equal  partition  of 
power  between  tfie  two  sections  of  the  Senate.  This  is  a  prac- 
tical guarantee  of  equal  power  to  the  weaker  section,  by  which 
the  South  can  exclude  any  future  territory,  if  the  conditions  of 
its  admission  are  disadvantageous  to  her.  But  the  Northern 
section  may  equally  check-mate  her,  in  her  attempts  to  acquire 
future  territory.  True,  but  the  only  territory  south  of  36°  30^ 
which  can  be  hereafter  acquired,  is  Cuba  and  the  Northern  part 
of  Mexico.  Cuba  is  a  slaveholdmg  island  already,  and  its  great 
resources  can  only  be  developed  by  slave  labor.  The  North  is 
more  eager  to  possess  it  than  the  South.  If  any  portion  of  Mex- 
ico is  hereafter  acquired,  it  will  be  on  the  principle  of  a  fair  and 
equitable  partition  of  the  territory  between  the  sections.  This 
section  was  approved  by  four  of  the  Commissioners  from 
Virginia. 

The  third  section  embodies,  substantially,  I  think,  the  provi- 
sions of  the  second,  third  and  iburth  sections  of  the  Critenden 
plan.  It  prohibits  Congress  from  interfering  with  slavery  within 
any  Stats  or  Territory;  or  in  the  District  of  Columbia,  without 
the  consent  of  Maryland  and  of  the  owners,  or  making  the 
owners  just  compensation;  or  with  representatives  or  others 
bringing  slaves  for  personal  service  with  them  aud  taking  them 
away;  or  in  places  within  the  exclusive  jurisdiction  of  the  United 
States  within  those  States  and  Territories  wlipre  slavery  exists; 
or  the  removal  or  transportation  of  slaves  from  one  State  or  Ter- 
ritory to  any  other  where  slavery  exists;  or  the  right  during 
transportation,  by  sea  or  river,  of  touching  at  ports,  shores  and 
landings,  and  of  landing  in  case  of  distress.  The  right  o^  transit 
through  States  where  slavery  does  not  exist,  is  not  conferred. 
The  provision  that  no  higher  rate  of  taxation  shall  be  imposed 
on  slaves  than  on  land  is  of  some  value  to  the  South. 

The  section  prohibiting  the  Ibreign  slave  trade  by  constitu- 
tional amendment  is  objectionable,  simply  because  it  was  wholly 
unnecessary.  Even  the  confederated  States  of  the  South  now 
constituting  an  independent  government  of  slave  States,  de 
facto,  \i  not  de  jure,  have  prohibited  this  traffic.  The  advo- 
cates for  re-opening  it  in  any  one  of  the  border  slave  States  are 
very  few,  and  there  was  no  sort  of  necessity  for  interpolating 
this  provision,  which  had  no  connection  with  the  pending  con- 
troversy, into  this  scheme  of  adjustment. 

The  seventh  and  last  section  of  the  Conference  scheme  is 
very  much  less  satisfactory  than  the  corresponding  one  in  Mr. 
Crittenden's  plan.     Each  provides  for  the  payment  of  the  full 


[Doc.  No.  12.]  7 

value  of  fugitive  slaves  by  the  United  States  in  all  cases  where 
the  officer  charged  with  the  duty  of  making  the  arrest  is  pre- 
vented from  so  doing  by  violence  or  intimidation,  or  when 
after  arrest,  tlie  slaves  are  rescued.  But  the  former  is  defective 
in  not  providing  for  reimbursement  to  the  United  States  by  cloth- 
ing it  with  power  to  impose  and  collect  a  tax  on  the  county  or 
city  where  the  outrage  was  conmiittcd  equal  to  the  principal,  in- 
terest and  costs,  as  is  provided  in  the  Crittenden  resolutions. 
There  is  a  double  advantage  in  this  feature.  In  the  first  place 
it  is  more  just  and  equitable  to  cast  the  burthen  on  those  who 
committed  the  wrong  than  upon  the  public  treasur}^  The 
South  is  thus  made,  by  its  omission  in  the  Conference  scheme, 
to  pay  its  full  proportion  of  a  charge  resulting  from  a  wrong 
committed  against  herself.  But  by  far  the  most  important  con- 
sideration is,  that  such  a  requirement  would  tend  powerfully  to 
restrain  such  wicked  outrages  by  making  it  the  interest  of  the 
offending  locality  to  suppress  all  mobs  and  riotous  assemblages, 
to  rob  and  plunder  the  citizens  of  the  South  for  no  other  cause 
than  asserting  an  undoubted  constitutional  right. 

I  have  thus  endeavored  to  run  a  parallel  between  the  two 
plans  of  adjustment.  On  the  whole,  it  is  clear  that  the  Critten- 
den plan  is  far  preferable  to  that  of  the  late  Peace  Conference. 
It  is  unnecessary  to  say  how  earnestly,  yet  ineffectually,  we  strug- 
gled to  come  up  to  the  very  letter  of  our  commission  by  obtain- 
ing an  adjustment  on  the  basis  of  the  former  plan,  and  in  every 
variety  of  form.  We  were  uniformly  voted  down  by  that  inex- 
orable majority!  At  lengthj  all  rival  scliemes  being  rejected, 
the  naked  question  came  up  of  the  adoption  or  rejection  of  the 
present  Conference  scheme.  The  vote  was  by  sections,  and 
Virginia  voted  against  the  most  important  sections,  particularly 
the  first  and  seventh  of  the  series;  and  they  were  all  adopted 
seriatim.  It  was  supposed  that,  as  a  matter  of  course,  the  vote 
would  be  taken  u])on  the  scheme  as  an  entirety,  and  I  then  an- 
nounced to  one  of  you  that  after  the  most  anxious  deliberation 
I  had  come  to  the  conclusion  that,  distasteful  as  the  scheme  was 
to  me,  I  felt  it  to  be  my  duty  to  cast  a  representative  vote  and 
sustain  the  measure  as  a  whole.  I  was  convinced  that  Western 
Virginia,  which  I  in  part  represented,  would  so  have  voted  by 
an  immense  majority,  if  her  voice  could  be  heard  within  that 
hall,  and,  acting  under  that  strong  conviction,  I  would  have 
done  homage  to  that  great  principle  of  representative  govern- 
ment which  demands  that  the  representative  yield  his  individual 
sentiments  and  give  utterance  to  those  of  his  constituents.  But 
no  vote  was  taken  on  the  plan,  as  a  whole,  the  Chair  having 
ruled  that  each  section  being  successively  adopted,  the  entire  plan 
was  adopted,  and  no  further  vote  was  necessary  or  admissible 
under  the  parliamentary  rule. 


8  [Doc.  No.  12.] 

The  most  solemnly  momentous  issue  that  ever  agitated  the 
councils  of  our  dear  old  Commonwealth  is  now  fairly  made  up 
and  must  soon  find  its  solution  in  the  deliberations  of  the  Con- 
vention now  assembled  to  give  expression  to  her  sovereign  will. 
My  earnest  prayer  is  that  true  wisdom  may  conduct  her  safely 
and  honorably  out  of  this  great  crisis.  Every  loyal  son  of  hers 
awaits  the  issue  with  intense  solicitude,  and  for  myself  I  will 
say  that  my  destiny  is  bound  up  indissolubly  with  hers ! 

I  am,  gentlemen,  most  cordially, 

Your  friend, 

JOHN  W.  BROCKENBROUGH. 


[DOC.  NO.  xni.] 


KEFORT 


OF  THE 


COMMITTEE 

TO  CONFER  WITn  TflE  EDITORS  OP  TjIE  RICfl^DND  ENIiUIRER  TO  ASCERTAIN 


WHETHER 


THE  PROCEEDINGS  OF  THE  COXYENTIOX 


COULD  BE 


I 


PUBLISHED  UPON  A  SEPAEATE  SHEET 


WITHOUT  ANY  OTHER  MATTER. 


[Doo.  No.  13] 


REPORT. 


The  undersigned,  committee  appointed  to  ascertain  whether 
the  Debates  of  the  Convention  could  ho  puhh'shed  on  sheets 
containino;  no  other  matter,  report:  that  in  discharge  of  their 
duty  tliey  handed  to  one  of  the  proprietors  of  the  Enqvirer  the 
following  communication: 

Resoh-cd,  That  a  committee  of  three  be  appointed  to  confer 
with  the  editors  of  theRichnKUid  i?///?///^/-,  to  ascertain  whetfier 
the  proceedings  of  this  Convention  conld  be  published  upon  a 
separate  sheet,  without  any  other  matter. 

The  Conmiitlce  appi^iiited  under  the  firegoing  resolution  deem 
it  desirable  that  the  JJeI)ates  of  ilie  Convention  should  bo  primed 
in  a  more  convenient  f<)rm  lor  binding  and  reference  than  now. 
They,  therefore,  in  furdierance  of  the  duty  assigned  them  by 
the  resolution  aforesaid,  submit  the  following  inquiries  to  the 
proprietors  of  the  Enquirer: 

1.  On  what  terms  would  the  proprietors  of  the  Enquirer  sub- 
stitute f 'r  their  present  contract  for  priming  of  the  debates  an 
agreement  to  print  them  on  sheets  without  any  other  matter,  in 
a  form  more  convenient  for  binding  and  reference? 

2.  On  what  terms  would  they  .substitute  fir  tlic  twenty  copies 
of  the  Senu-Weekly  Enquirer,  now  furnished  niendiers  of  llio 
Convention,  the  s;une  number  of  copies  of  the  Debates  of  the 
Convention  made  up  from  the  colnnms  of  the  Enquirer,  and 
printed  upon  the  same  paper,  folded  into  octavo  form,  with  three 
colmnns  on  each  page,  each  copy  to  be  stitched,  and  to  contain 
no  other  matter  but  die  said  Debates? 

What  would  be  the  cost  of  copies  above  the  number  of  twenty 
to  each  mendier? 

3.  On  what  terms  would  they  substitute  f)r  the  twenty  copies 
of  the  Enquirer  now  furnished  each  member  of  the  (Jonvention, 
twenty  copies  of  an  extra  sheet  of  the  Z:/\r/;///7'/- containing  no 
other  matter  than  the  Debates  of  the  Convention,  the  said  extra 


4  [Doc.  No.  13.] 

to  be  printed  whenever  there  is  matter  enough  to  fill  a  sheet  of 
the  Enquirer  paper? 

What  would  bs  the  cost  per  copy  of  a  greater  number  than 
twenty  to  each  member? 

Signed,  JOHN  N.  HUGHES, 

W.  C.  WICKHAM, 
G.  W.  RICHARDSON, 
Commitlee. 

That  in  response  thereto  they  received  a  commnnicatinn  from 
the  proprietors  of  the  Enquirer,  decliiiiiig  to  make  any  ahoraiion 
whatever  in  tlKur  ]>reseiit  contract,  hut  proposing  to  "  furnis'i  in 
addiiion  to  tlie  twenty  Semi W'cekhes,  which  tlic  contract  calls 
for,  upon  the  terms  of  the  present  contract,  loillinut  additional 
charge  for  composition,  and  re[)'")rting  any  nnmhor  of  copies  of  a 
separate  sheet,  without  any  other  matter,  whicli  th-.'.  Convention 
may  order." 

Your  committee  compute  the  cost  of  twenty  copies  to  each 
meiidier,  if  the  puhlication  is  deferred  until  niaicrial  enough  is 
fm-nished  to  fill  a  sheet  of  th<^  Enquirer  paper,  at  about  one 
hundred  dollars  per  week,  allowing  sixty-four  columns  per  weeic, 
as  the  average  amonnt  of  matter,  ajid  exclnding  from  calculation 
any  allowance  for  folding  and  wrapping,  which  would  increase 
the  cost  by  the  snm  of  one  hundred  and  twenty-one  dollars  and 
sixty  cents  per  week. 

Inasmuch  as  many  members  of  the  Convention  disapprove  of 
the  character  of  some  of  the  "other  matter"  that  under  the  ex 
isting  arrangement  accompanies  the  Debates,  the  cormiiittee  re- 
commend the  ado])lion  of  the  following  resolution: 

Resolved,  That  the  cimmittee  appointed  on  printing  the  De- 
bates on  separate  sheets  be  directed  to  endeavor  to  contract  with 
the  proprietors  of  the  Enquirer  to  furnish  each  raeml»er  of  the 
Convention  witli  twenty  copies  of  the  debates  from  their  com- 
mencement, to  be  printed  in  accordance  with  and  on  the  terms 
indicated  in  their  report,  provided  that  no  contract  shall  be  made 
for  folding  and  wrapping  tiie  same;  and  if  they  can  obtain  such 
contract,  it  shall  be  submitted  to  the  Convention  f)r  its  action. 

JOHN  N.  HUGHES,  Chairman. 


[DOC.  NO.  XY.l 


COMMUNICATION 


FROM 


A   COMMITTEE   ON   BEHALF 


OF  THE 


CONFERENCE  CONVENTION 


OF 


MARYLAND. 


[Doc.  No.  1.5.] 


COMMUNICATION. 


To  the  Honorable,  the  President  of  the  Convention  of  the  people 
of  Virginia: 

The  undersigned,  citizens  of  Maryland,  have  been  appointed 
a  committee  on  behalf  of  a  Conference  Convention,  representing 
a  portion  of  the  citizens  of  the  City  of  Bahimore,  and  of  nearly 
all  the  counties  of  Maryland,  to  communicate  with  the  Conven- 
tion over  which  you  preside,  in  reference  to  a  matter  in  which 
they  deem  themselves  deeply  concerned,  and  which  is  now  oc- 
cupying the  attention  of  your  body.  It  is  upon  the  subject  of 
the  proposed  Conference  with  the  8onthern  Border  States. 

It  is  especially  to  be  understood,  that  in  anything  we  may  say, 
there  must  be  no  inference  that  this  particular  measure,  or  any 
other  is,  in  our  judgment,  or  in  the  opinion  of  those  persons 
whom  we  represent,  to  be  preferred.  VVe  entirely  disclaim  any 
purpose  even  to  suggest  what  wonld  be  the  judgment  of  our 
constituents,  did  the  occasion  make  it  proper  to  express  it.  Onr 
design  is  solely  to  invite  the  attention  of  the  Convention  to  the 
importance  of  one  particular  consideration,  if  and  when  the  pro- 
posed Conference  shall  be  found  acceptable  to  your  Convention. 
In  that  event,  (believing,  as  those  whom  we  represent  have  in- 
strncted  us  to  say,  they  do  believe,)  that  the  people  of  Maryland 
will  accept  such  an  invitation,  it  becomes,  as  we  respectfully 
suggest,  a  matter  of  equal  interest  to  each  and  all  of  the  South- 
ern Border  States,  to  secure,  as  far  as  it  may  be  done,  a  full,  fair 
and  accurate  expression  of  the  popular  will,  in  such  form  as  to 
leave  no  doubt  either  of  its  character,  or  of  the  authority  of  those 
who  may  be  selected  as  its  agents  and  representatives. 

The  proposition  before  your  body  requires  the  delegates  to 
the  Conference  to  be  selected  by  the  '^proper  authorities  of 
those  States." 

If  any  existing  organized  department  of  the  Government  of 
Maryland  shonld  attempt  the  selection  of  delegates  to  such  a 
Convention  as  is  proposed,  it  would  undoubtedly  be  resisted  by 
the  people,  and,  in  that  event,  conflicting  claimants  wonld  pre- 


4  [Doc.  No.  15.] 

sent  themselves  as  rightful  exponents  of  the  popular  sentiment, 
duly  entitled  to  be  received  as  such. 

Our  sole  object  is  to  avoid,  by  the  terms  of  the  invitation,  all 
occasion  for  such  collision;  and,  with  this  view,  we  respectfully 
suggest  such  an  alteration  in  the  language  of  your  resolution  as 
will  express  its  object  to  be,  that  delegates  to  the  proposed  Con- 
vention shall  be  elected,  eitlier  directly  by  tlie  people,  or  through 
the  agency  of  a  sovereign  State  Convention. 

In  the  hope  and  expectation  that  this  request  will  be  favorably 
considered  by  your  Convention,  we  have  the  honor  to  be,  very 
respectfully,  your  obedient  servants, 

W.  MITCHELL, 

E.  F.  CHAMBERS, 

WILLIAM  HENRY  NORRIS, 

ISAAC  D.  JONES, 

J.  HANSON  THOMAS. 


[DOC.  NO.  XYL] 


COMMUNICATION 


FROM   THE 


EXECUTIVE  OF  THE  COMMONWEALTH, 


TRANSMITTING 


COMMimCATIOSS 


FROM   THE 


PRESIDENT  OF  THE  STATE  CONVENTION 


OF 


-A-IIKA.NSA.S, 


[Doc.  No.  16.] 


Executive  Department 
April  8,  1861 


'} 


Gentlemen  of  the  Convention: 


On  Saturday  evening  last,  I  received  two  communications 
from  Honorable  Uavid  Walker,  President  of  the  State  Conven- 
tion of  Arkansas,  enclosing  an  Ordinance  and  Resolutions 
adopted  by  the  Convention,  on  the  20th  day  of  March,  1861. 
On  an  examination  of  the  resolutions,  it  will  be  seen  that  they 
were  intended  to  be  laid  before  the  General  Assembly,  but  as 
that  body  has  adjourned,  and  as  the  matters  to  which  they  re- 
late are  under  consideration  in  your  honorable  body,  I  have 
deemed  it  my  duty  to  transmit  them  to  you,  for  such  disposition 
as  you  may  think  proper  to  make  of  them. 

Respectfully, 

JOHN  LETCHER. 


[Doc.  No.  16.] 


Little  Rock,  March  29,  1S61. 

To  his  Excellency  John  Letcher, 

Governor  of  the  Slate  of  Virginia: 

Sir, — By  the  fifth  of  the  series  of  resohitions  which  I  have 
the  honor  herewith  to  transmit  to  you,  and  which  were  adopted 
by  the  State  Convention  of  Arkansas,  on  the  20th  day  of  March, 
1S61,  I  have  respectfully  to  request  that  your  Excellency  will 
inform  me,  as  soon  as  convenient  and  practicable,  what  action 
your  State  has  taken  or  proposes  to  take  in  reference  to  the  pro- 
position to  hold  a  Border  Slave  State  Convention,  at  Frankfort, 
Kentucky,  or  elsewhere,  during  the  coming  spring  or  summer. 

This  information  is  sought  with  a  view  to  guide  the  action  of 
the  Conunissioners  or  Delegates  elected  by  the  Convention  of 
the  State  of  Arkansas  to  said  Convention  or  Conference  of  the 
Border  Slave  States,  should  one  be  held. 

I  trust  your  Excellency  will  furnish  the  desired  information 
at  your  earliest  convenience. 

My  post  office  address  is,  Fayetteville,  Washington  County, 
Arkansas. 

Very  respectfully, 

Your  obedient  servant, 

DAVID  WALKER, 

Pi-esH  of  the  State  Convention  of  Arkansas. 

By  E.  C.  Boudijvot,  Secretary. 


[Doc.  No.  16.] 


Little  Rock,  Arkansas,  ") 
March  28,  1861.     5 

His  Excellency  John  Letcher, 

Governor  of  the  State  of  Vh'ginia: 

Sir, — In  accordance  with  the  second  resolution  of  the  series 
herewith  enclosed,  I  have  tlie  honor  to  present  to  you  the  action 
of  the  Convention  of  tlie  people  of  the  State  of  Arkansas,  on 
the  subject  therein  treated  of,  and  respectfully  request  that  you 
will  place  it  before  yoi?r  Legislature,  at  the  earliest  convenient 
moment. 

I  would  be  pleased  to  hear  from  your  Excellency,  touching 
the  political  affairs  of  the  country,  and  of  the  proposed  reme- 
dies, for  existing  evils. 

My  post  office  address  is,  Fayetteville,  Washington  county, 
Arkansas. 

Very  respectfully. 

Your  obedient  servant, 

DAVID  WALKER, 

President. 

Bt/  E.  C.  Boudinot, 

Secretary. 


[Doc.  No.  1(5.] 


IIESOLUTIONS 

Passed  by  the  Convention  of  the  People  of  Arkansas,  on  thi 
20th  day  of  March,  1861. 


We,  the  people  of  the  State  of  Arkansas,  iti  Convention  as- 
sembled, in  Aaew  of  the  unfortunate  and  distracted  condition  of 
our  once  happy  and  prosperous  country,  and  of  the  alarming 
dissensions  existing  between  the  Noithcrn  and  Southern  sec- 
tions thereof,  and  desiring  that  a  fair  and  equitable  adjustment 
of  the  same  may  be  made,  do  hereby  declare  the  following  to  be 
just  caitses  of  complaint  on  the  part  of  the  people  of  the  South- 
ern States  against  their  brethren  of  the  Northern,  or  non-slave^ 
holding  States: 

1.  The  people  of  the  Northern  States  have  organized  a  poli- 
tical party,  purely  sectional  in  its  character,  the  central  and 
controlling  idea  of  which  is  hostility  to  the  institution  of  African 
slavery,  as  it  exists  in  the  Southern  States;  and  that  party  has 
elected  a  President  and  Vice  President  of  the  United  States, 
pledged  to  administer  the  Government  upon  principles  inconsist- 
ent with  the  rights  and  subversive  of  the  interests  of  the  South- 
ern States. 

2.  They  have  denied  to  the  people  of  the  Southern  States  the 
right  to  an  equal  jiarticipation  in  the  benefits  of  the  common 
Territories  of  the  Union  by  refusing  them  the  same  protection 
to  their  slave  property  therein  that  is  afforded  to  other  property, 
and  by  declaring  that  no  more  slave  States  shall  be  admitted 
into  the  Union.  They  have,  by  their  prominent  men  and  lead- 
ers, declared  the  doctrine  of  the  irrepressible  conflict,  or  the  as- 
sertion of  the  principle  that  the  institution  of  slavery  is  incom- 
patible willi  freedom,  and  that  both  cannot  exist  at  once;  that 
this  continent  nuist  Ije  wholly  free  or  wholly  slave.  They  have, 
in  one  or  more  instances,  refused  to  surrender  negro  thieves  to 
the  constitutional  demand  of  tlie  constituted  authority  of  a  sove- 
reign State. 

2 


10  [Doc.  No.   16.]    . 

3.  They  have  declared  that  Congress  possesses,  under  the 
Constitution,  and  ought  to  exercise,  the  power  to  abolish  slavery 
in  the  Territories,  in  the  District  of  Columbia,  and  in  the  forts, 
arsenals  and  dock-yards  of  the  United  States,  within  the  limits 
of  the  slaveholding  States. 

4.  They  have,  in  disregard  of  their  constitutional  obligations, 
obstructed  the  faithful  execution  of  the  fugitive  slave  laws  by 
enactments  of  their  State  Legislatures. 

5.  They  have  denied  the  citizens  of  Southern  States  the  right 
of  transit  tjirough  non-slaveholding  States  with  their  slaves,  and 
the  right  to  hold  them  while  temporarily  sojourning  therein. 

G.  They  have  degraded  American  citizens  by  placing  them 
upon  an  equality  with  negroes  at  the  ballot-box. 

To  redress  the  grievances  hereinbefore  complained  of,  and  as 
a  means  of  restoring  harmony  and  fraternal  good  will  between 
the  people  of  all  the  States,  the  following  amendments  to  the 
Constitution  of  the  United  States  are  proposed: 

1.  The  President  and  Vice  President  of  the  United  States 
shall  each  be  chosen  alternately  from  a  slaveholding  and  non- 
slaveholding  State;  but  in  no  case  shall  both  be  chosen  from 
slaveholding  or  non-slaveholding  States. 

2.  In  all  the  territory  of  the  United  States  now  held,  or  which 
may  hereafter  be  acquired,  situate  north  of  latitude  36°  30' 
slavery,  or  involuntary  servitude,  except  as  a  punishment  for 
crime,  is  prohibited  while  such  territory  shall  remain  under  ter- 
ritorial government.  In  all  the  territory  now  held,  or  which 
may  hereafter  be  acquired,  south  of  said  line  of  latitude,  slavery 
of  the  African  race  is  hereby  recognized  as  existing,  and  shall 
not  be  interfered  with  by  Congress,  but  shall  be  protected  as 
property  by  all  the  departments  of  the  territorial  government 
during  its  continuance.  And  when  any  territory,  north  or  south 
of  said  line,  within  such  boundaries  as  Congress  may  prescribe^ 
shall  contain  the  population  requisite  for  a  member  of  Congress, 
according  to  the  then  lederal  ratio  of  representation  of  the  people 
of  the  United  States,  it  shall,  if  its  form  of  government  be  re- 
pubUcan,  be  admitted  into  the  Union  on  an  equal  footing  with 
the  original  States,  with  or  without  slavery,  as  the  constitution 
of  such  new  State  may  provide. 

3.  Congress  shall  have  no  power  to  legislate  upon  the  subject 
of  slavery,  except  to  protect  the  citizen  in  his  right  of  property 
in  slaves. 

4.  That  in  addition  to  the  provisions  of  the  third  paragraph 
of  the  second  section  of  the  fourth  article  of  the  Constitution  of 
the  United  States,  Congress  shall  have  power  to  provide  bylaw, 
and  it  shall  be  its  duty  so  to  provide,  that  the  United  States 
shall  pay  to  the  owner  who  shall  apply  for  it,  the  full  value  of 
his  fugitive  slave  in  all  cases  when  the  marshal  or  other  officer 


[Doc.  No.  16.]  11 

whose  duty  it  was  to  arrest  said  fugitive  was  prevented  from  so 
doing  by  violence;  or  when,  after  arrest,  said  fugitive  was  res- 
cued by  force,  and  the  owner  thereby  prevented  and  obstructed 
in  the  pursuit  of  his  remedy  for  the  recovery  of  his  fugitive 
slave  under  the  said  clause  of  the  Constitution  and  the  laws 
made  in  pursuance  thereof.  And  in  all  such  cases,  when  the 
United  States  shall  pay  for  such  fugitive,  they  shall  have  the 
right,  in  their  own  name,  to  sue  the  county  in  which  said  vio- 
lence, intimidation,  or  rescue  was  committed,  and  to  recover 
from  it,  with  interest  and  damages,  the  amount  paid  by  them  for 
said  fugitive  slave.  And  the  said  county,  after  it  has  paid  said 
amount  to  the  United  States,  may,  for  its  indemnity,  sue  and 
recover  from  the  wrong-doers  or  rescuers,  by  whom  the  owner 
was  prevented  from  the  recovery  of  his  fugitive  slave,  in  like 
manner  as  the  owner  himself  might  have  sued  and  recovered. 

5.  The  third  paragraph  of  the  second  section  of  the  fourth 
article  of  the  Constitution  shall  not  be  construed  to  prevent  any 
of  the  States  from  having  concurrent  jurisdiction  with  the 
United  States,  by  appropriate  legislation,  and  through  the  action 
of  their  judicial  and  ministerial  officers,  from  enforcing  the  de- 
livery of  fugitives  from  labor  to  the  person  to  whom  such  ser- 
vice or  labor  is  due. 

0.  Citizens  of  slaveholding  States,  when  travelling  through^ 
or  temporarily  sojourning  with  their  slaves  m  non-slaveholding 
States,  shall  be  protected  in  their  right  of  property  in  such 
slaves. 

7.  The  elective  franchise  and  the  right  to  hold  office,  whether 
federal,  State,  territorial  or  municipal,  shall  not  be  exercised  by 
persons  of  the  African  race,  in  whole  or  in  part. 

S.  "^rhese  amendments,  and  the  third  paragraph  of  the  second 
section  of  the  first  article  of  the  Constitution,  and  the  third 
paragraph  of  the  second  section  of  the  fourth  article  thereof, 
shall  not  be  amended  or  abolished  without  the  consent  of  all 
the  vStates. 

That  the  sense  of  the  people  of  the  United  States  may  be 
taken  upon  the  amendments  above  proposed, 

Resolved  by  the  people  of  Arkansas,  in  Convention  assembled, 
That  we  recommend  the  calling  of  a  convention  of  the  States  of 
the  federal  Union,  at  the  earliest  practicable  day,  in  accordance 
with  the  provisions  of  the  fifth  article  of  the  Constitution  of  the 
United  States. 

2.  Resolved  further.  That  the  President  of  this  Convention 
transmit  to  the  President  and  Congress  of  the  United  States, 
and  to  the  Governors  and  Legislatures  of  the  several  Slates,  a 
copy  of  these  proceedings. 

3.  Resolved  further,  That  looking  to  the  call  of  a  national 
convention,  as  recommended  in  the  first  resolution  above,  this 


12  [Doc.  No.  16.] 

Convention  elect  five  delegates  to  represent  the  State  of  Arkan- 
sas in  such  Convention. 

4.  Resolved  further ,  That  a  committee  of  five  delegates  of 
this  Convention  be  appointed  to  prepare  an  address  to  the  people 
of  the  United  States  urging  npon  them  the  importance  of  a 
united  effort  on  the  part  of  the  patriotic  citizens  of  all  sections 
and  parties  to  save  the  country  from  the  dangers  which  impend 
it,  and  which  threaten  its  destruction,  and,  especially,  to  arrest 
the  reckless  and  fanatical  spirit  of  sectionalism  North  and  South, 
which,  if  not  arrested,  will  inevitably  involve  us  in  a  bloody 
civil  Avar. 


[Doc.  No.  16.]  18 


AN  ORPINANCE  AND  RESOLl'TIONS 

Recommended  by  a  Conference  Committee,  and  passed  by  the 
State  Convention,  on  Wednesday,  March  20,  1S61. 


An  ordinance  to  provide  for  holding  an  election  in  the  State  of 
Arkansas,  for  the  purpose  of  taking  the  sense  of  the  people  of 
the  State,  on  the  question  of  ^^Cooperation''''  or  "Secessioii.''^ 

Sec.  1.  Be  it  ordained  by  the  people  of.  the  State  of  Arkan- 
sas in  Convention  assembled.  That  an  election  shall  be  held,  in 
all  the  counties  in  this  State,  on  Monday,  the  fifth  day  of  Au- 
gust, 1861,  at  which  tlie  question  of  "Cooperation"  or  "Se- 
cession" shall  be  submitted  to  the  people  of  this  State;  which 
election  shall  be  hold  and  conducted,  in  all  respects,  in  accor- 
dance with  the  laws  of  the  State  now  in  force,  proscribing  the 
manner  of  holding  elections;  Provided,  that  the  sheriffs  of  the 
several  counties  shall  be  required  to  give  at  least  thirty  days 
notice  of  the  time  and  places  of  holding  said  elections  by  adver- 
tisement thereof  as  required  by  law  for  ordinary  elections. 

Sec.  2  Be  it  further  ordained,  That  the  ballots  or  tickets  to 
be  used  in  said  election  shall  be  indorsed  "for  cooperation"  or 
*'for  secession,"  from  which  ballots  counts  shall  be  made  by 
the  judges,  and  they  shall  ascertain  how  many  votes  are  cast 
for.  "cooperation"  and  how  many  are  cast  for  "secession"  at 
their  respective  precincts,  and  shall  duly  certify  the  result  of 
said  counts  and  make  return  thereof  to  the  clerk  of  their  respec- 
tive counties,  who  shall  open  and  compare  said  returns  as  they 
arc  now  recpiired  by  law  to  open  and  compare  other  elections; 
and  each  clerk  shall  make  an  abstract  of  the  vote  of  his  county, 
upon  the  question  of  "  secession"  or  "cooperation,"  and  file 
the  same  in  his  olfice;  and  shall,  also,  at  the  same  time,  make 
out,  under  his  seal,  and  deliver  to  the  delegate  or  delegates  from 


14  [Doc.  No.  16.] 

his  county  to  this  Convention,  a  copy  of  said  abstract,  to  be  re- 
turned by  them  to  the  office  of  Secretary  of  State,  as  hereinafter 
provided. 

Sec.  3.  Be  it  further  ordained^  That  the  delegates  to  this 
Convention  shall  be  made  special  returning  officers,  to  bring  up 
the  certified  vote  of  their  respective  counties,  on  the  question  of 
'' cooperation"  or  "secession,"  to  the  office  of  the  Secretary 
of  State;  which  vote,  from  all  the  counties,  shall  be  opened  and 
counted  by  the  Secretary  of  State,  in  presence  of  the  Governor, 
auditor  and  treasurer,  or  any  two  of  them,  on  Monday  the  nine- 
teenth day  of  August,  1861 ;  and  said  officers,  or  any  three  of 
them,  shall  certify  to  the  President  of  this  Convention,  when, 
the  same  shall  be  again  convened,  as  hereinafter  provided,  the 
whole  number  of  votes  cast  in  the  State  "for  cooperation," 
and  the  whole  number  of  votes  cast  "  for  secession; "  and,  if 
from  any  cause,  any  delegate  shall  be  unable  to  bring  up  the 
vote  of  his  county,  as  herein  provided,  he  shall  have  power,  and 
it  shall  be  his  duty  to  appoint  a  special  messenger  to  be  the 
bearer  of  the  same,  in  his  stead;  and  if  from  any  cause,  there 
should  be  no  delegate  from  any  county,  then  the  clerk  of  said 
county  shall  appoint  a  messenger  to  bring  up  the  vote  thereof. 

Sec.  4.  Beit  further  ordained,  That  the  delegates,  or  other 
messengers,  who  shall  bring  up  the  votes  of  the  different  coun- 
ties, shall  receive  the  same  mileage  as  is  provided  to  be  paid  to 
returning  officers  by  the  act  of  the  General  Assembly  calling 
this  Convention. 

Sec.  5.  Be  it  further  ordained,  That  if  it  shall  appear,  when 
the  result  of  said  election  shall  be  made  known  to  this  Conven- 
tion, that  a  majority  of  all  the  legal  votes  cast  in  the  State  have 
been  cast  for  "secession,"  then,  in  that  event,  such  vote  shall 
be  taken  to  be  instructions  to  this  Convention  to  pass  an  act  of 
immediate  secession,  and  the  Convention  shall  at  once  pass  an 
ordinance,  dissolving  the  connection  existing  between  the  State 
of  Arkansas  and  the  Federal  Government,  known  as  "The 
United  States  of  America;"  but  if  a  majority  of  all  the  legal 
votes  have  been  cast  for  "cooperation,"  then  this  Convention 
shall  immediately  take  such  steps  as  may  be  deemed  proper  to 
further  cooperation  with  the  border,  or  unseceded,  slave  States, 
in  efforts  to  secure  a  permanent  and  satisfactory  adjustment  of 
the  sectional  controversies  disturbing  the  country. 

Sec.  6.  Be  it  furtlier  ordained,  That  the  President  of  this 
Convention  be,  and  he  is  hereby  instructed  to  issue  his  procla- 
mation, Avithin  ten  days  after  the  adoption  of  this  ordinance,  to 
the  sheriffs  of  the  several  counties  in  the  State,  requiring  them 
to  hold  an  election,  in  their  respective  counties,  in  conformity  to 
the  provisions  of  this  ordinance. 

Sec.  7.  Be  it  further  ordained^  That  when  this  Conventian 


[Doc.  No.  16.]  15 

shall  adjourn,  it  shall  adjourn  to  meet  on  the  19th  day  of  Au- 
gustj  1861. 


Resolutions  Adopted  by  the  St.ate  Convention,  March 

20,  1861. 

Whereas,  The  States  of  Virginia  and  Missouri,  in  Conven- 
tions assenihjed,  have  called  upon  the  border  slave  States,  to  wit: 
Delaware,  Maryland,  Nortli  Car<)lina,  Tennessee,  Kentncky 
and  Arkansas,  to  unite  with  them  in  an  effort  to  accomplish  a 
satisfactory  adjustment  of  the  sectional  differences  which  threa- 
ten ruin  and  destruction  to  onr  once  happy  and  prosperous 
Union;  and  whereas,  the  State  of  Yirginfu,  through  her  Con- 
vention, has  named  the  27th  day  of  May  next,  at  Frankfort, 
Kentucky,  as  a  suitable  time  and  place  for  holding  a  Conference 
or  Convention  of  said  border  slave  Stales,  f^r  the  purpose,  if 
possible,  cf  determining  upon  a  plan  of  adjustment  which  shall 
be  fair  and  equitable  to  all  the  States; 

And  whereas^  Tlie  State  of  Missouri,  animated  by  a  like  pa- 
triotic desire  to  obtain  a  speedy  adjustment  of  our  difficulties, 
has  appointed  commissioners  instructed  to  represent  her  in  such 
Border  State  Convention,  at  such  time  and  place  as  may  be 
agreed  upon  by  two  or  more  of  said  border  slave  States. 

Resolved  J  1 .  By  the  people  of  the  State  of  Arkansas  in  Con- 
vention assembled,  That  we  accede  to  the  propositions  of  the 
States  of  Virginia  and  Missouri  for  the  holding  of  a  Convention 
of  the  border  slave  States,  declaring  it  to  be  our  desire  and  pur- 
pose to  cooperate  with  said  border  States  in  an  earnest  etfo  t  to 
settle  the  unhapfiy  controversies  now  distracting  our  councry,  in 
the  spirit  in  which  the  Constitution  of  our  Union  was  originally 
framed  and  consistently  with  its  principles,  and  in  such  a  man- 
ner and  upon  such  a  basis  as  shall  secure  to  the  people  of  the 
Southern  or  Slaveholding  States  adequate  guarantees  of  their 
rights. 

Resolved,  2.  That,  in  accordance  with  the  suggestion  of  the 
State  of  Virginia,  we  propose  Frankfort,  Kentucky,  and  the 
27th  day  of  May  next,  as  a  suitable  place  and  time  lor  holding 
said  conference  or  convention  of  the  border  slaves  States. 

Resolved,  3.  That  this  Convention  elect  five  connmssioners 
or  delegates,  whose  duty  it  shall  be,  when  notified  by  the  Presi- 
dent oi  this  Convention,  that  a  majority  of  said  border  slave 
States  have  acceded  to  the  proposition  of  the  States  ol'  Virgmia 
and  MissiHjri  tor  holding  a  liorder  State  Convention,  to  repair  to 
the  city  of  Frankfort,  or  to  such  other  place  as  may  be  agreed 
upon,  on  the  day  designated  in  the  foregoing  resolution,  or  on 


16  [Doc.  No.  16.] 

any  other  day  that  may  be  agreed  upon,  to  meet  such  commis- 
sioners or  delegates,  as  may  be  appointed  by  said  border  slave 
States,  for  the  purpose  of  deliberating  upon  the  matters  herein- 
before referred  to. 

Resolved,  4.  That  if  said  commissioners  or  delegates,  after 
full  and  free  conference,  shall  agree  upon  any  plan  of  adjust- 
ment, or  upon  any  course  of  action  to  be  pursued  by  said  States, 
then  the  commissioners  or  delegates  hereby  appointed ,  shall  re- 
port the  same  to  an  adjourned  session  of  this  Convention  here- 
tofore provided  for. 

Resolved,  5.  That  the  President  of  this  Convention  be  in- 
structed to  transmit,  immediately,  copies  of  these  resolutions  to 
the  executives  of  the  several  States  hereinbefore  named,  with 
the  request  that  said  executives  inform  him,  as  soon  as  practi- 
cable, of  the  action  of  their  respective  States  in  reference  to  the 
proposition  for  a  Border  Slave  State  Convention,  and  that,  when 
informed  that  a  majority  of  said  States  have  agreed  upon  a  time 
and  place  for  holding  such  Convention,  he  shall  forthwith  in- 
form the  commissioners  or  delegates  elected  under  the  provisions 
of  the  third  resolution  above,  of  that  fact. 

Resolved,  6.  That  the  commissioners  or  delegates,  herein  pro- 
vided for,  shall  receive,  for  their  services,  whilst  in  attendance  on 
the  sittings  of  said  Border  State  Convention,  the  same  pay,  both 
as  to  per  diem  and  mileage,  as  is  allowed,  by  law,  to  members 
of  this  Convention,  to  be  paid  upon  the  certificate  of  the  Presi- 
dent of  this  Convention,  out  of  any  moneys  in  the  State  trea- 
sury not  otherwise  appropriated. 


[DOC.  NO.  xvn.] 


FROM   THE 


COMMITTEE  APPOINTED  TO  WAIT 


UPON   THE 


PRESIDENT  OF  THE  UNITED  STATES 


TO    ASCERTAIN    HIS    POLICY    TOWARD    THE 


COPEDEKATED  STATES, 


AND    THE    RESPONSE    FROiM 


THE  FEDERAL  EXECUTIVE. 


[Doc.  No.  17.] 


RETORT. 


The  Committee  appointed  on  the  8th  instant,  hy  this  Conven- 
tion, with  direction  to  wait  upon  the  President  of  the  United 
States,  and  present  to  him  the  preamble  and  resolution  adopted 
on  that  day,  beg  leave  to  report:  That  in  the  fulfilment  of  our 
duty  we  left  the  City  of  Richmond  on  the  morning  of  the  9th 
inst.,  for  Washington  City;  we  Avere,  however,  prevented  by  in- 
juries sustained  by  the  rail  road,  from  a  violent  and  protracted 
storm,  from  reaching  Washington,  until  11  o'clock  on  Friday 
the  r2th  inst.  At  1  o'clock  on  that  day  we  called  on  the  Presi- 
dent and  informed  him  that  we  had  been  appointed  a  Committee 
by  the  Convention  of  Virginia,  then  in  session,  to  make  a  com- 
munication to  him  iVom  that  body  and  requested  him  to  desig- 
nate an  hour  at  which  it  would  be  agreeable  to  him  to  receive 
us.  He  replied  that  he  would  be  happy  to  receive  us  at  9  o'clock 
the  next  morning.  We  accordingly  attended  him  at  that  hour, 
presented  him  the  resolution  of  the  Convention  and  explained 
to  him  our  mission.  He  then  read  to  us  a  paper  which  he  stated 
he  had  just  prepared,  as  the  answer  to  the  communication  from 
the  Convention,  declaring  that  he  had  seen  in  the  newspapers 
the  proceedings  of  the  Convention  and  the  character  of  our  mis- 
sion. We  herewith  conmiunicate  the  President's  reply  to  the 
preamble  and  resolution  of  the  Convention. 

WM.  BALLARD  PRESTON, 
ALEX.  H.  H.  STUART, 
GEORGE  W.  RANDOLPH. 


[Doc.  No.  17.] 


THE  PRESIDENT'S  REPLY  TO  THE  COMMITTEE  OF 
THE  VIRGIXU  CONVENTION. 


Hon.  Messrs,  Prestox,  Stuart  and  Randolph: 

Gentlemen, — As  a  Committee  of  the  Virginia  Convention,  now 
in  session,  you  present  nie  a  preamble  and  resolution,  in  these 
■ Avords : 

"  Whereas,  in  the  opinion  of  this  Convention,  the  uncertainty 
which  prevails  in  the  pubhc  mind  as  to  the  policy  which  the  Fe- 
deral Executive  intends  to  pursue  towards  the  seceded  States  is 
extremely  injurious  to  the  industrial  and  connnercial  interests  of 
the  country,  tends  to  keep  up  an  excitement  which  is  unfavora- 
ble to  the  adjustment  of  pending  difiiculties,  and  threatens  a  dis- 
turbance of  the  public  peace:  therefore, 

^^  Resolved,  That  a  comujittec  of  three  delegates  be  appointed 
to  wait  on  the  President  of  the  United  States,  present  to  him 
this  preamble  and  resolution,  and  respectfully  ask  him  to  com- 
municate to  this  Convention  the  policy  which  the  Federal  Exe- 
cutive intends  to  pursue  in  regard  to  the  Contederate  States." 

In  answer,  I  have  to  say,  that  having  at  the  beginning  of  my 
official  term  expressed  my  int(?nded  policy  as  j^lainly  as  I  was 
able,  it  is  with  deep  regret  and  some  mortification  I  now  learn 
that  there  is  great  and  injurious  uncertainty  in  the  public  mind 
as  to  what  that  policy  is,  and  what  course  1  intend  to  pursue. 

Not  having  as  yet  seen  occasion  to  change,  it  is  now  my  pur- 
pose to  pursue  the  course  marked  out  in  the  Inaugural  Address. 
I  commend  a  careful  consideration  of  the  whole  document,  as 
the  best  expression  1  can  give  of  my  purposes.  As  I  then  and 
therein  said,  I  now  repeat: 

i'Tlie  power  confided  to  me  will  be  used  to  hold,  occupy,  and 
possess  the  property  and  places  belonging  to  the  Government, 
and  to  collect  the  duties  and  imposts;  but  beyond  \vhat  is  ne- 
cessary for  these  objects  there  will  be  no  inv'asion,  no  using  of 
force  against  or  among  the  people  anywhere." 


6  [Doc.  No.  17.] 

By  the  words  ''  property  and  places  belonging  to  the  Govern- 
ment," I  chiefly  allude  to  the  military  posts  and  property  which 
were  in  the  pdssession  of  the  Government  when  it  came  to  my 
hands. 

But  if,  as  now  appears  to  be  true,  in  pursuit  of  a  purpose  to 
drive  the  United  States  authority  from  these  places,  an  unjjro- 
voked  assault  has  been  made  upon  Fort  Sumter,  I  shall  hold 
myself  at  liberty  to  repossess,  if  I  can,  like  places  which  had 
been  seized  before  the  Government  was  devolved  upon  me. 

And,  in  any  event,  I  shall,  to  the  extent  of  my  ability,  repel 
force  by  force. 

In  case  it  proves  true  that  Fort  Sumter  has  been  assaulted,  as 
reported,  I  shall,  perhaps,  cause  the  United  States  mails  to  be 
withdrawn  from  all  the  States  which  claim  to  have  seceded,  be- 
lieving that  the  commencement  of  actual  war  against  the  Go- 
vernment justifies  and  possibly  demands  it. 

I  scarcely  need  to  say  that  I  consider  the  military  posts  and 
property  situated  within  the  States  which  claim  to  have  seceded, 
as  yet  belonging  to  the  Government  of  the  United  States,  as 
much  as  they  did  before  the  supposed  secession. 

Whatever  else  I  may  do  for  tlie  pnrpose,  I  shall  not  attempt 
to  collect  the  duties  and  imposts  by  any  armed  invasion  of  any 
part  of  the  country — not  meaning  by  this,  however,  that  I  may 
not  land  a  force  deemed  necessary  to  relieve  a  fort  upon  the 
border  of  the  country. 

From  the  fact  that  I  have  quoted  a  part  of  the  Inaugural  Ad- 
dress, it  nmst  not  be  inferred  that  I  repudiate  any  other  part,  the 
whole  of  which  I  re-affirm,  except  so  far  as  what  I  now  say  of 
the  mails  may  be  regarded  as  a  modification. 


[Doc.  No.  22.] 


Executive  Department,") 
June  14,  1861.      f 

Gentlemen  of  the  Convention: 

Col.  Thomas  T.  Faiintleroy  was  nominated  by  me  as  a  Bri- 
gadier General  in  the  Provisional  Army,  and  (^ol.  Benj'n  Hnger 
was  nominated  as  a  Brigadier  Generral  of  Volunteers,  and  both 
nominations  were  confirmed  by  the  Council.  1  now  communi- 
cate those  nominations  to  your  honorable  body,  in  obedience  to 
an  ordinance  passed  by  you,  for  your  action. 

In  making  these  nominations  to  you  I  deem  it  proper  to  trans- 
mit the  enclosed  paper,  which  embodies  my  reasons  for  the  ac- 
tion I  deemed  it  proper  to  take  in  the  case  of  General  Fauntleroy. 

Respectfully, 

JOHN  LETCHER. 


[Doc.  No.  22.] 


Executive  Department,  7 
May  10,  1861.     y 

To  the  Council: 

I  am  instructed  by  the  Governor  to  say  that  he  nominates  Col. 
Fanntleroy,  late  Colonel  United  States  Dragoons,  as  Brigadier 
General  in  the  Provisional  Army  of  Virginia. 

Very  respectfully, 

S.  BASSETT  FRENCH, 
A.  D.  C.  to  Governor  of  Virginia. 

May  14,  1861. 

The  Council  nnanimonsly  advise  that  at  present  no  appoint- 
ments of  Brigadier  Generals  be  made  for  the  Provisional  Army 
of  Virginia,  and  that  the  Governor  be  respectfully  requested  to 
withdraw  the  nomination  of  T.  T.  Fauntleroy  as  Brigadier  Gen- 
eral, and  that  he  be  appointed  a  Colonel  of  Infantry,  to  take  rank 
according  to  the  provisions  of  the  Ordinance  of  Convention  with 
reference  to  officers  of  ihe  army  and  navy,  retiring  from  the  army 
and  navy  of  the  late  United  States. 

May  15,  1861. 

I  regret  that  I  cannot  concur  in  the  recommendation  made  by 
the  Council  in  the  case  of  Colonel  Fauntleroy.  If  I  am  correctly 
informed.  Colonel  Fauntleroy  ranked  General  Lee  in  the  United 
States  army,  and  if  this  be  so,  it  seems  to  me  that  he  is  justly 
entitled  to  the  connnission  of  a  Brigadier  General  in  the  Provi- 
sional Army.  This  seems  to  me  to  be  in  accordance  with  the 
spirit  and  intention  of  the  Ordinance  of  the  Convention,  passed 
on  the  ITth  day  of  April,  1861. 

The  legislature  of  Virginia,  (by  an  unanimous  vote,  I  believe,) 
adopted  a  preamble  and  resolutions  complimentary  to  Colonel 
Fauntleroy,  ni  which  he  was  '^cordially  commended  to  the 
Honorable  Secretary  of  War,  and  to  his  Excellency,  the  Presi- 
dent of  the  United  States,  for  promotion  to  the  rank  of  Brigadier 
General."  With  this  expression  of  sentiment  on  the  part  of  the 
General  Assembly  of  the  State,  respecting  his  services,  I  have 
not  felt  that  it  would  be  proper  to  tender  to  him  a  lower  position 
than  that  of  Brigadier  General.     Session  Acts,  1859-60,  p.  706. 


6  [Doc.  No.  22.] 

The  ordinance  of  the  27th  day  of  April,  1861,  '^to  provide 
for  the  organization  of  a  Provisional  Army" 'provides  for  the  ap- 
pointment of  four  Brigadier  Generals,  one  of  which  places,  it 
seems  to  me,  is,  under  all  the  circumstances,  justly  due  to  Col. 
Fauntleroy. 

These  are  the  reasons  which  have  controlled  my  action  in 
making  this  nomination,  and  I  respectfully  request  that  they  may 
be  entered  upon  your  Journal. 

Respectfully, 

JOHN  LETCHER. 
To  the  Council: 

May  15,  1861. 

The  Council  approve  the  nomination  of  Col.  Fauntleroy  to 
be  a  Brigadier  General  in  the  Provisional  Army. 

Ordered  by  the  Governor  that  a  commission  be  issued  ac- 
cordingly. 


[Doc.  No.  25.] 


Executive  Department,  ) 
June  17,  1S61.      ] 
Gentlemen  of  the  Convention  : 

The  Atlorney  General,  has  at  my  instance,  drawn  two  ordi- 
nances of  much  importance,  and  to  which  I  invite  your  early 
attention,  as  well  as  to  the  papers  accompanying  them,  I  re- 
spectfully urge  immediate  action,  and  earnestlj  hope  they  will 
meet  your  approval. 

Respectfully, 

JOHN  LETCHER. 


[Doc.  No.  25.] 


MiDDLEBURG,  LoUDOUN  CoUNTY, ") 

June  11,  1861.         f 

To  His  Excellc7icy  Governor  Letcher: 

Dear  Sir:  I  write  to  yon,  as  the  presiding  judge  of  this 
county,  because  I  feel  that  it  is  my  duty  to  do  so. 

At  an  election  held  some  days  ago  to  fill  a  vacancy  on  our 
county  court  bench,  in  the  German  settlement  on  the  north 
border,  a  black  republican,  I  understand,  was  elected.  His  name 
is  Downey,  I  believe,  though  I  do  not  know  the  man.  My  in- 
formation is  derived  from  gentlemen  at  court,  from  which  place 
(Leesburg)  I  have  just  returned  to-night. 

I  hope  his  commission  has  not  been  issued,  and  that  you  will 
suspend  it  until  you  can  be  fully  informed  on  the  subject ;  for  I 
would  feel  disgraced  to  sit  on  the  bench  with  such  a  man. 

We  have,  as  you  no  doubt  are  aware,  a  large  population  on 
the  northwest  frontier  of  our  county,  and  reaching  into  the  cen- 
tre, where  the  free- soil  feeling  is  predominant;  still,  we  have 
had  the  good  fortune  never  to  have  had  a  justice  elected  who 
was  unsound  on  the  vital  question.  If  he  was,  we  did  not 
know  it,  and  great  harmony  has  prevailed  among  us;  and  at  our 
last  court  we  levied  fifty  thousand  dollars  for  the  military  service 
by  a  unanimous  vote. 

I  know  what  is  the  duty  of  the  Executive  in  regard  to  issuing 
commissions  for  persons  elected,  but  there  is  no  time  prescribed 
in  which  it  shall  be  done  ;  and  I  beg  leave  most  respectfully  to 
suggest  that  in  this  case  it  be  delayed  till  a  convenient  season. 

This  man  Downey  is  a  Pennsylvanian  by  birth,  and  I  am 
satisfied,  from  the  information  given  by  gentlemen  of  character, 
that  he  is  a  Lincoln  man  in  his  principles. 

Very  respectfully,  your  obedient  servant, 

ASA  ROGERS. 


[DOC.  Ko.  xxvm.] 


SECOND  REPORT 


FROM    THE 


COMMITTEE 


ON 


RAIL  ROAD  COI^ATECTIOE'S. 


[Doc.  No.  28.] 


REPORT. 


The  Ctimmittoo  on  Rail  Road  Coiinoctions,  to  whom  was  re- 
coiDMiittcd  their  report  of  thu  I9ih  of  June,  have  had  Ihe  sub- 
jert-niatler  again  under  ronsidcratinn ;  and  having  asc<Ttained 
from  tlie  propor  anthoriiies  of  the  (jDVcrnnient  nf  dm  Con  ederate 
States  that  that  Government  did  not  consider  that  it  had  the 
power  or  authority  to  make  the  proposed  connexions,  and  there- 
fore decUncd  to  undertake  to  do  so,  in  vi<nv  of  the  nnpoitancc  of 
the  work,  in  ihcir  opinion,  in  the  present  emergency,  have 
determined  again  to  report  the  ordinance  previously  [iroposed  by 
them,  with  certain  amendments,  which,  they  tiust,  will  remove 
all  previous  difficnities,  and  which  they  iherefure  earnestly  re- 
connncmd  fiir  the  ad<ipti(jn  of  the  Convention. 

The  conmiittee  have  had  under  further  consideration  the 
proposition  to  connect  tlie  other  rail  roads  iern)ina(ing  in  tlie  city 
of  Richmond;  and,  although  they  requested  the  attendance  be- 
fore them  of  th(^  proper  officers  of  all  said  compaiues,  all  save 
one  failed  to  attend;  and,  not  being  able  to  procure  any  definite 
information  as  to  the  best  mode  or  i)robable  cost  of  making  this 
connection,  they  are  unable  to  make  any  finther  report  on  that 
subject  at  this  time. 

'J'lie  committee,  according  to  order,  have  also  had  under  con- 
sideration a  resolution  submitted  m  them  to  inquire  what  action, 
if  any,  was  necessary  and  proper  on  the  part  of  the  Convention 
to  authorize  the  construction  of  rail  roads  in  this  State  for  mili- 
tary pur])oses  by  the  Conlederate  authorities,  and  report  that 
they  consider  it  inexpedient  and  improper  on  the  part  of  the 
Conveniioii  to  grant  any  such  antlioriiy,  especially  as  under 
the  emergency  which  has  arisen,  and  the  acknowledged 
necessity  lor  the  connecti(ms  proposed  in  a  pievious  part  of  this 
repoit,  tiie  Confederate  authorities  disclaim  any  power  to  make 
any  such  constructions,  even  if  such  privilege  were  granted  them. 
Tiie  conniiittee  therefore  ask  to  be  dischaiged  ironi  the  furtlier 
consideration  uf  that  subject. 

y-]DMUi\D  T.  MORRIS, 

O/i  Oc/ia/f  of  the  L'oininiltce. 


[DOC.  No.  XXX.] 


REPORT 


FROM 


THE  COMMITTEE 


TO 


REAPPORTION  REPRESENTATION 


IN 


•THE  CONGRESS  OF  THE  CONFEDERATE  STATES. 


[Doc.  No.  30.] 


REPORT. 


Richmond,  June  20,  J  861. 
The  commitlee  appointed  to  reapportion  the  repre.<:entation  of 
the  counties,  cities,  and  boroughs,  of  this  Commonwealth,  \r^ 
the  Congress  of  the  Confederate  States  uuder  the  census  of  1860, 
beg  leave  to  report  that  they  have  had  the  same  under  considera- 
tion and  beg  leave  to  present  the  annexed  report. 

SAMUEL  G.  STAPLED,  Chairman, 


J 


[Doc.  No.  30.] 
FEDERAL  POPULATION". 

OP 

Virginia  according  to  the  Census  of  IS60. 


Total  population 1;400,164 

Rates  of  representation 87,506 

First  District. 

Middlesex 3,414 

Accomac 16,783 

Northampton 6,2S.'i 

Elizabeth  City 4,832 

Warwick 1 ,352 

James  City 4,764 

Gloucester 8,662 

Mathews 5,888 

Lancaster 4.003 

Westmoreland 6,800 

Richmond 5,870 

Essex 7,791 

Yoi-lc 4,179 

King  &  Qiieon 7,875 

Northumberland 6,154 


94,650 
Second  District. 

Norfolk  county  and  city 32,556 

Princess  Anne 6,440 

Nansemoiid 11,500 

Isle  of  Wight 8,549 

Southampton 10,752 

Sussex 7,621 

Surry 5,127 

Greensville 4,7 10 

87,255 


[Doc.  No.  30.] 


Third  District. 

Henrico  and  city  of  Richmond 

Charles  City 

New  Kent 

Hanover 


Fourth  District. 

Dinwiddie  and  Petersburg 

Cliesterfield 

Pmvliataii , 

Amelia 

Noltaway 

Cumljcrland , 

BiK  kiigliam , 

Prince  George 


53,600 
4,431 
4,534 

13,431 

75,996 


25,0S8 

15.675 

6-29 

7,G87 
6,248 
7,299 
11,088 
6,412 

86,326 


Fifth  District. 

Prince  Edward 8,908 

Bninswjrk 11,153 

Mecklenburg lo^VdS 

Lniit'iibiirg 9,062 

Charlotte 10J75 

Halifax 20^563 

Appomattox 7,049 

82,638 

Sixth  District. 

Pittsylvania 26,368 

Patrick 8,531 

Henry 10,097 

Franklin 17,558 

Bedford 20,997 

Carroll 7,908 


91,459i 


[Doc.  No.  30.] 


Seventh  District. 

Albemarle 21 ,050 

Campbell  and  Lynchburg 21 ,561 

Amherst II  ,578 

Nelson 10,519 

Fluvanna 8,355 

Goochland 8,200 

Greene 4 ,231 


Ninth  District. 


Fauquier 

Rappiliaiiuock . 
Prinze  William 

Fairfax 

Alexandria.  .  .  . 

Lniidouu 

Jefterson 


Tenth  District. 


85,503 

Eighth  District. 

Spottsylvania 12,9C0 

Louisa   12.6"i2 

Orange 8,2()2 

Madison 7.(K  6 

Culpepper 9,394 

Caroline 14,197 

Kiua:  George 5,105 

Stafford 7,229 

King  William 0,319 


83,184 


17.522 

7,442 

7.(i22 

10.5S9 

12,098 

19,572 

12,991 

87,836 


Frederick 15,043 

Berkeley 11 ,865 

Morgan 3,693 

Han)pshire 13,431 

Clarke 6,796 


[Doc.  No.  30.] 


Warren 5,815 

Shenandoah 13,596 

Page 7,769 

Hardy 9,434 

87,039 
Eleventh  District. 

Augnsta 25,c03 

Rockingham 22,454 

Rockbridge 15,656 

Pendleton 6,069 

Highland 4.159 

Bath 3,298 

Pocahontas 3,858 

Alleghany 6,369 


Twelfth  District. 

Botetourt .^ 10, 

Roanoke 6, 

Montgomery 9, 

Fli^yd 

Pulaski 4, 

Giles 6, 

Craig 3, 

Mercer 6, 

Monroe .* 10, 

Greenbrier 11 

Raleigh 3, 

Fayette 5 , 


Thirteenth  District. 

Wythe 

Smyihe 

Grayson 

Washington 

Scott.  .\ 

Lee . 

Wise '" 


[Do3.  No.  30.] 


Bu"hnnan 2  J8l 

M  Dow.'ll 1  ,o.i 5 

'J'nzrwell 0,140 

BI;iiic] 

JdisscH 9,740 

Wyoming 2,S3j 


Fourteenth  District. 


97,279 


»# 


Knnawha 1  rt^Tifo 

l.ngnii 4,ST0 

JJnoiic 4.777 

Wnyiie 0.0b9 

Cal)HI. 7.S9S 

I^itn.nn (nOliO    « 

]\lason 9,031 

.l.icksoii 8,284 

l\o;iiie 5,3o4 

Cliv 1,779 

Nifjiolas 4v>h4 

iJraxtoii 4,9oO 

^Vllt 3,74L 


84,290 


Fifteenth  District. 

Lowis * 7,907 

Wood 10,97() 

IMensaiiis 2,939         * 

Tyl(M' 0,007            5 

Jiitchio '".,831 

Doddridge 5,189 

Upshur 7;20S 

Kaniolph 4,916 

AVcbster 

Tucker 1,418 

Barbour H,'.l20 

Harrison 13,5.>7 

Taylor T,415 

2 


« 


[Doe.  No.  SO:]  10 


^^iimer 3.739 

Calhoun 2,4  v»8 


Sixteenth  Disttrict. 


K^ 


90.021) 


Ohio 22.3>2 

Hanrock 4,444 

l^mok'o 5,4Sr 

Marshall 12,9S9 

Welzel 0.099 

Marion 1  •>;o9(j 

Moiiorgalia 13.008 

i'le^tcu 13,286 

90,991 


[DOC.  NO.  xxxm.] 


REPORT 


OF    THE 


SELECT  COMMITTEE 


ON 


AIMENiDMENTS  TO  THE  OGNSTITITTION 


OF 


VIRGINIA. 


[Doc.  No.  33.] 


REPORT. 


On  the  first  day  of  May,  1861,  the  Convention  adopted  the 
following  resoUition: 

^'Resolved,  That  a  committee  of  seven  members  be  appointed 
by  the  President  of  the  Convention,  whose  duty  it  shall  be  to 
consider  and  report  to  the  Convention,  at  its  adjourned  session, 
such  amendments  of  the  Constitution  of  Virginia,  as  maybe  ne- 
cessary and  proper,  under  existing  circumstances." 

The  committee  appointed  under  the  foregoing  resolution,  have, 
according  to  order,  had  the  subject  referred  to  them  under  consi- 
deration, and  submit  the  following 

REPORT: 

The  comprelicnsive  terms  of  the  resolution  have  made  it  the 
duty  of  the  committee  to  subject  the  wiiole  Constitution  to  a 
careful  review,  for  the  purpose  of  suggesting  such  amendments, 
as,  in  their  judgment,  are  necessary  and  proper  under  existing 
circumstances.  Your  committee  were  deeply  impressed  with 
the  importance  and  delicacy  of  the  task  imposed  on  them,  and 
in  performing  it,  they  have  sought  to  be  guided  by  the  lights  of 
reason  and  experience  without  regard  to  their  own  preconceived 
opinions,  or  to  those  theories  which  have  heretofore  been  most 
popular. 

The  circumstances  by  which  we  are  now  surrounded,  render 
the  present  an  auspicious  time  for  correcting  radical  errors  in  our 
fundamental  law.  Recent  events  have  developed  the  weak 
points  in  our  political  system,  and  it  is,  perhaps,  a  fortunate  cir- 
cumstance that  the  members  of  the  present  Convention  have 
been  elected  untrammeled  by  pledges  or  committals  of  any  kind, 
to  their  respective  constituencies,  and  are  therefore  left  free  to 
approach  the  great  work  of  constitutional  reform,  with  that  dis- 
passionate calmness,  which  furnishes  the  best  assurance  of  deli- 
berate consideration  and  wise  conclusion. 

Governments,  like  all  other  human  institutions,  must  be  modi- 
fied from  time  to  time,  with  a  view  to  adapt  them  to  the  new 
conditions   which  may  be  developed  by  the  progress  of  soci- 


4  [Doc.  No.  33.] 

ety.  A  system  which  was  suited  to  the  condition  of  the  country 
half  a  century  ago,  may  be  unfitted  for  the  exigencies  of  the  pre- 
sent time.  This  truth  has  been  signally  illustrated  in  the  his- 
tory of  the  government  of  the  late  United  States.  As  framed 
and  administered  by  the  fathers  of  the  Republic,  it  was  admira- 
bly adapted  to  promote  the  happiness  and  prosperity  of  its  citi- 
zens, and  it  stood,  for  many  years,  the  wonder  and  admiration 
of  the  civilized  world.  But  in  the  onward  march  of  events,  it 
became  evident  that  its  provisions  were  liable  to  perversion, 
which  would  make  it  the  instrument  of  injustice.  Real  or  sup- 
posed antagonisms,  growing  out  of  diversities  of  climate,  pro- 
ductions, and  systems  of  labor  in  the  Northern  and  Southern  sec- 
tions were  developed,  and  it  was  manifest  that  new  guarantees 
were  necessary  for  the  security  of  the  vital  interests,  and  domes- 
tic institutions  of  the  slaveholding  States.  Wise  and  patriotic 
statesmen  foreseeing  the  danger,  labored  to  obtain  such  amend- 
ments of  the  Constitution,  as  were  necessary,  to  adapt  it  to  the 
changed  condition  of  the  country.  But  all  their  efforts  having 
proved  abortive,  and  a  dominant  sectional  majority  having  clear- 
ly indicated  its  purpose  to  trample  on  the  rights  of  the  Southern 
States,  no  alternative  was  left  to  them  but  to  seek  relief  from 
oppression,  by  separation. 

A  similar  necessity  of  conforming  our  institutions,  to  the 
growth  of  new  relations  and  interests,  which  are  constantly  ari- 
sing in  the  progress  of  society,  requires  that  changes  should  be 
made,  from  time  to  time,  in  our  State  Constitution.  As  Virginia 
is  now  about  to  commence  a  new  era  in  her  history,  it  is  impor- 
tant that  her  organic  law  should  be  so  framed  as  to  guard  her 
citizens,  effectually,  against  the  dangers  of  oppression  on  the  one 
hand,  and  anarchy  on  the  other. 

Governments  are  instituted  for  the  protection  of  the  rights  of 
persons  and  property;  and  any  system  must  be  radically  defec- 
tive, which  does  not  give  ample  security  to  both.  The  great 
interests  of  every  community  may  be  classed  under  the  heads  of 
labor  and  capital,  and  it  is  essential  to  the  well-being  of  society, 
that  the  proper  equilibrium  should  be  established  between  these 
important  elements.  The  undue  predominance  of  either,  must, 
eventually,  prove  destructive  of  the  social  system.  Capital  be- 
longs to  the  few — labor  to  the  many.  In  those  systems  in  which 
capital  has  the  ascendency,  the  government  must,  to  some 
extent,  partake  of  the  character  of  an  oligarchy;  whilst  in  those 
in  which  labor  is  predominant,  the  tendency  is  to  what  Mr.  John 
Randolph  graphically  described  as  ^' the  despotism  of  king  num- 
bers." It  is  the  office  of  enlightened  statesmanship  to  secure  to 
each  its  appropriate  influence,  but  to  give  the  absolute  control  to 
neither. 

The  political  condition  of  the  Northern  States  presents  a  stri- 


[Doc.  No.  33.]  5 

king  illustration  of  the  evils  incident  to  the  preponderance  of  the 
element  of  labor.  In  the  early  periods  of  their  history,  these 
evils  were  not  so  apparent  as  they  have  since  become.  Their 
population  was  sparse,  and  the  western  territories  afforded  a  con- 
venient outlet  for  their  restless  citizens;  labor  was  in  demand  at 
high  wages;  property  was  easily  acquired,  and  consequently  the 
hne  of  demarkation  between  labor  and  capital  was  not  strictly 
drawn,  because  the  laborer  of  to-day  might  readily  become  the 
capitalist  of  to-morrow.  But  within  the  last  twenty  years,  a 
marked  change  has  taken  place  in  the  North.  Population  has 
become  dense,  and  the  safety-valve  afforded  by  emigration  to  the 
western  territories  has  been  greatly  obstructed.  Wages  have 
not  kept  pace  with  the  cost  of  subsistence,  and  the  difficulty  of 
acquiring  property  has  increased.  The  tendency  of  this  new 
condition  of  things  has  been,  to  divide  society  into  two  distinct 
classes,  and  to  array  the  one  against  the  other.  This  tendency  to 
a  conflict  between  labor  and  capital  has  already  manifested  itself 
in  many  forms,  comparatively  harmless,  it  is  true,  but  neverthe- 
less, clearly  indicative  of  a  spirit  of  licentiousness  which  nmst, 
in  the  end,  ripen  into  agrarianism.  It  may  be  seen  in  the  sys- 
tem of  free  schools,  by  which  the  children  of  the  poor  are  edu- 
cated at  the  expense  of  the  rich;  in  the  various  forms  of  exemp- 
tion, and  homestead  bills;  in  the  popular  cry  of  "  lands  for  the 
landless,"  and  ^Miomes  for  the  homeless;"  in  Fourierism  and 
communism;  in  the  habitual  disregard  of  the  ordinances  of  reli- 
gion, and  of  the  institution  of  matrimony;  and  more  distinctly,  in 
the  form  of  abolitionism. 

The  radical  principle  of  abolitionism  is  agrarianism.  It  is  a 
war  on  property,  under  the  mask  of  simulated  philanthropy. 
The  property  selected  as  the  object  of  attack  is  held  exclusively 
in  the  Southern  States,  and  by  a  comparatively  small  class  of 
citizens.  Hence  it  was  supposed  to  be  the  most  defenceless. 
But  this  is  only  the  beginning  of  the  contest.  It  is  a  war  on 
the  outposts  of  capital,  which  will  soon  be  followed  by  more  for- 
midable assaults  on  the  owners  of  land  and  other  species  of  pro- 
perty. History  teaches  that  when  ''^numbers,"  unchecked  by 
suitable  constitutional  restrictions,  have  the  control,  agrarianism 
or  despotism  nnist  soon  follow. 

It  is  notorious,  that  already,  in  most  of  the  Northern  States 
capital  is  forced  to  obtain  temporary  security,  by  paying  tribute 
to  labor.  Money  constitutes  an  important  element  in  all  their 
elections.  Bribery  of  voters  is  a  matter  of  every  day  occurrence. 
Preparatory  to  every  political  contest,  large  sums  of  money  are 
subscribed  by  capitalists,  or  exacted  by  levies  on  office  holders, 
fertile  purpose  of  corrupting  the  voters;  and  the  journals  of  the 
Federal  Congress  disclose  the  disgraceful  fact,  that  Northern 
members  of  that  body  have  sold  their  othcial  votes  for  money. 


^  [Doc.  No.  33.] 

But  this  system  of  profligacy  and  corruption  can  only  serve  to 
postpone,  for-a  time,  the  ^^irrepressible  conflict,"  which,  under 
their  forms  of  government,  must  eventually  ensue  between  labor 
and  capital.  The  masses  will  not  be  slow  to  learn  that  the  power 
is  in  their  hands,  and  they  will  not  scruple  to  use  it  for  their  own 
advantage.  They  will  not  be  content  with  the  bribes  lavished 
by  unprincipled  partisans,  but,  under  the  lead  of  graceless  dema- 
gogues, they  will  act  on  the  assumption  that  "all  property  is 
robbery,"  and  that  "the  greatest  good  to  the  greatest  number" 
requires  the  division  of  property  among  the  down  trodden  mil- 
lions. 

The  agencies  by  which  these  mischievous  fallacies  may  be 
rendered  potential,  are,  universal  suffrage  and  the  election  of  all 
officers  by  the  direct  vote  of  the  people.  The  former  gives  a 
controlling  power  to  men  who  have  the  least  interest  in  the  com- 
munity, and  the  latter  renders  that  power  effectual,  by  giving 
direction  to  the  legislation  and  administration  of  the  government. 

In  the  opinion  of  your  committee  no  system  of  government 
can  afford  permanent  and  eftectual  security  to  life,  liberty  and 
property,  which  rests  on  the  basis  of  unlimited  suftYage  and  the 
election  of  officers  of  every  department  of  the  government  by 
the  direct  vote  of  the  people.  The  tendenc}^  of  such  a  system 
is,  to  demoralize  the  masses;  to  encourage  the  habit  of  office- 
seeking;  to  foster  corruption  at  the  polls,  and  to  place  unworthy 
and  incompetent  men  in  positions  of  trust  and  responsibility. 
These,  however,  are  the  vital  principles  of  the  social  organiza- 
tion of  the  North,  and,  as  before  stated,  their  bitter  fruits  are 
already  in  a  course  of  rapid  development. 

In  the  Southern  States  more  conservative  and  rational  princi- 
ples still  prevail.  This  is  due,  mainly,  to  the  institution  of 
slavery,  which  constitutes  a  partial  restriction  on  the  right  of 
suffrage.  In  the  North,  men  of  every  class  and  condition  of 
life  are  entitled  to  vote.  In  the  South,  all  who  are  in  a  condition 
of  servitude  are  necessarily  excluded  from  the  exercise  of  politi- 
cal privileges,  and  the  poAver  of  the  country  is  wielded  by  the 
more  intelligent  classes,  who  have  a  permanent  interest  in  the 
well-being  of  society. 

Slavery  also  constitutes  an  effectual  barrier  against  that  ten- 
dency to  antagonism  between  labor  and  capital,  which  exists  in 
the  North.  There,  capital  is  the  casual  employer  of  labor,  and 
is  interested  in  diminishing  its  wages.  Here,  capital  is  the 
owner  of  labor,  and,  naturally,  seeks  to  enhance  its  rewards. 

Yirgima  is  now  in  the  midst  of  a  revolution,  the  results  of 
which  no  human  sagacity  can  accurately  foresee.  It  is  our  duty, 
however,  to  meet  the  crisis  with  all  the  prudence,  wisdom  and 
conservatism  that  we  can  command,  and  to  guard,  as  far  as  prac- 
ticable, against  every  probable  danger. 


[Doc.  No.  33.]  1 

It  seems  now  to  be  generally  conceded,  that  the  franiers  of  the 
present  Constitntion,  made  too  wide  a  departure  from  the  con- 
servative principles  which  were  cherished  by  our  revolutionary 
fathers.  Smitten  by  a  desire  to  follow  in  the  footsteps  of  North- 
ern politicians,  they  incorporated  into  our  organic  law  many  of 
the  fatal  errors  which  overthrew  the  Federal  Government,  and 
must,  in  a  few  years,  lead  to  the  downfall  of  the  whole  fabric  of 
Northern  society.  They  have  engrafted  on  our  Constitytion 
those  JNorthern  ideas  of  unlimited  suffrage  and  universal  popular 
elections,  which,  as  has  been  already  shown,  are  rapidly  driving 
the  Northern  States  to  agrarianism. 

The  dissolution  of  our  political  connection  with  the  old  Union, 
has  effected  material  changes  in  the  relations  of  Virginia,  which 
should  be  maturely  considered  in  reviewing  her  fundamental 
law*  Under  the  old  system,  she  was  in  the  centre  of  the  Union. 
In  the  new  confederation,  she  will  be  one  of  the  border  States. 
How  far  this  fact  may  affect  the  institution  of  slavery  within  her 
limits,  cannot  yet  be  determined.  But,  it  is  the  part  of  prudence 
to  guard  against  all  contingencies.  It  may  be  that  the  slave 
population  will  be  withdrawn,  to  some  extent,  from  the  Northern 
and  Western  portions  of  her  territory,  and  their  place  supplied 
by  immigrants  from  the  North,  to  whom  it  would  not  be  safe  to 
confide  the  destinies  of  Virginia  by  enabling  them,  through  tlic 
elective  franchise,  to  choose  the  men  who  are  to  frame,  expound 
and  administer  her  laws. 

In  view  of  this  condition  of  affairs,  your  committee  regard  it 
as  vitally  important,  that  the  Constitution  of  Virginia  should  be 
so  amended  as  to  impose  wholesome  restrictions  on  the  right  of 
suffrage,  and  to  diminish  the  number  of  officers  to  be  elected  by 
the  direct  vote  of  the  people.  In  regard  to  the  qualification  of 
voters,  there  has  been,  from  the  foundation  of  the  republic, 
much  diversity  of  opinion.  While  all  concurred  in  the  idea 
that  the  voter  should  have  a  permanent  interest  in,  and  attach- 
ment to  the  community,  statesmen  have  difiered  as  to  what  con- 
stituted the  best  evidence  of  that  interest  and  attachment.  ^ 

Under  the  Constitution  of  1776,  the  elective  franchise  was  re-» 
stricted  to  freeholders,  on  the  idea  that  those  who  owned  the 
country  should  govern  it.  ^*\, 

In  1830,  it  was  extended  to  housekeepers  and  heads  of  fami- 
lies, who  had  paid  the  revenue  tax  with  wlikji  .they  had  been 
assessed  for  the  next  preceding  year.  ?^ 

At  the  last  revisal  of  the  Constitution,  in^W?5U,  all  restrictions, 
except  as  to  citizenship  and  residency ^eio  removed,  and  all 
white  males,  above  the  age  of  twenty-one  years,  were  allowed 
to  vote  whether  they  had  been  assessed  with,  or  paid  any  tax, 
or  not. 

In  the  opinion  of  your  committee,  this  was  an  unfortunate 


«  [Doc.  No.  33.] 

change  in  the  Constitution.  It  has  introduced  a  large  class  of 
irresponsible  voters  who  have  but  little  interest  in  the  Common- 
wealth, and  who  do  not,  in  any  degree,  participate  in  the  bur- 
thens of  taxation,  which  may  be  imposed  by  representatives  of 
their  selection. 

Every  consideration  of  principle  and  expediency  requires  that 
this  error  should  now  be  corrected. 

Political  rights  and  duties  are  reciprocal.  Every  citizen  is 
entitled  to  the  protection  of  his  government,  and  as  an  equiva- 
lent for  that  protection,  he  is  bound  to  defend  \he  government. 
Protection  of  individual  rights  is  the  consideration  paid  for  the 
military  service  of  the  citizen.  But  it  is,  by  no  means  true, 
that  every  citizen  is  entitled  to  participate  in  the  administration 
of  the  government.  Before  he  can  have  a  just  claim  to  all  the 
rights  of  a  citizen,  he  must  show  that  he  has  performed  all  the 
duties  of  a  citizen.  It  is  not  enough  that  he  shall  have  per- 
formed military  service  in  defending  the  government.  That  is 
but  one  of  the  duties  of  a  citizen,  and  for  that,  he  is  amply  com- 
pensated by  the  protection  which  is  afforded  to  his  rights  of  per- 
son and  properly.  The  government  must  be  supported  by  taxes 
as  well  as  defended  by  the  military  arm.  Money  is  as  essential 
in  war  as  men.  Troops  must  be  armed,  equipped,  clothed,  fed 
and  paid,  as  well  as  marshalled  for  the  battle-field.  The  citizen 
who  fails  to  pay  his  share  of  the  cost  of  the  government  is  as 
Hiuch  in  default  as  his  neighbor,  who  shrinks  from  military 
service.  He  has  not  discharged  his  full  duty  to  his  country, 
and,  therefore,  has  no  just  ground  to  complain  if  he  is  not 
allowed  to  share  in  the  administration  of  its  government. 

It  cannot  be  denied  that  it  is  in  violation  of  one  of  the  great 
fundamental  principles  of  American  liberty  that  persons  who 
pay  no  taxes  should  be  allowed  to  exercise  the  elective  franchise. 
Our  fathers  maintained  that  taxation,  without  representation,  was 
tyranny.  But,  of  what  value  is  the  right  of  representation  if 
those  who  substantially  lay  the  taxes  pay  no  portion  of  them? 
»If  irresponsible,  non-tax-paying  voters  select  the  Legislators  who 
lay  the  taxes,  it  is  obvious  that  the  result  must  be  oppression. 
Under  the  representative  system,  the  security  which  the  people 
have  against  unjust  taxation  is,  in  the  fact,  that  they  can,  at 
pleasure,  withdraw  the  legislative  trust  from  the  hands  of  those 
who  abuse  it.  ti^ut  if  one  class  elects  the  representative  and 
another  bears  t!ie  burthen  of  taxation,  this  security  becomes 
worthless. 

These  general  considerations  tend,  in  the  opinion  of  your 
committee,  to  show  that  the  present  Constitution  of  Virginia 
does  not  provide  the  necessary  safeguards  against  the  abuse  of 
power.  Under  it,  suffrage  is  almost  unlimited,  and  much  the 
larger  number  of  the  officers  of  government  are  elective,  directly, 


[Boc.  No.  33.]  9 

by  the  people.  The  tendency  of  these  provisions  is^  to  the  most 
hateflil  of  all  despotisms — the  despotism  of  an  unrestrained 
numerical  majority. 

If  the  lessons  of  history,  on  this  point,  needed  any  confirma- 
tion, it  can  be  found  in  the  melancholy  spectacle  presented  by 
the  government  from  which  we  have  recently  withdrawn.  We 
see  the  President  of  the  United  States,  whose  government  is 
acknowledged  to  be  one  of  limited  powers,  backed  by  an  infu- 
riated and  fanatical  populace,  boldly  usurping  the  right  to  declare 
war;  to  raise  armies;  to  call  out  the  mih'tia;  to  borrow  money; 
to  increase  the  navy;  to  invade  States;  to  blockade  ports;  to  sus- 
pend the  writ  of  habeas  corpus;  to  violate  the  freedom  of  speech 
and  of  the  press;  and,  in  a  word,  to  trample  on  every  principle 
of  constitutional  liberty;  and  instead  of  being  met  by  stern  re- 
buke and  merited  impeachment,  every  new  aggression  on  the 
Constitution  and  popular  right  is  hailed  Avith  acclamation  by 
those  who  recognize  in  him  the  chosen  minister  and  instmment 
of  ''King  Numbers." 

Right  of  Suffrage. 

In  seeking  to  make  a  practical  application  of  the  general 
propositions  which  have  been  discussed,  your  comAittee  have 
encountered  many  difficulties.  A  partiality  has  been  expressed 
by  man}''  intelligent  citizens  for  a  return  to  the  old  freehold  sys- 
tem of  qualification  of  voters.  But,  to  say  nothing  of  the  im- 
practicability of  efifecting  such  a  complete  revolution,  your  com- 
mittee are  persuaded  that  the  change  would  not  be  desirable  if 
it  were  attainable.  There  seems  to  be  no  good  reason  why  the 
owners  of  land  should  have  greater  privileges  than  the  holders 
of  any  otlier  species  of  property.  Every  property  qualification  is 
obnoxious  to  the  objection,  that  the  right  is  made  an  incident  of 
the  property  and  not  of  the  person.  Your  committee,  therefore, 
have  declined  to  recommend  any  property  qualification,  but  pre- 
fer that  the  right  to  vote  should  be  made  dependent  on  the  per- 
formance of  public  duty.  They,  therefore,  advise  that  the  Con- 
stitution be  amended  so  as  to  authorize  every  free  white  male 
citizen  to  vote  who  shall  have  paid,  sixty  days  before  the  elec- 
tion, all  taxes,  State  and  Confederate,  which  may  have  been 
assessed  against  him  or  his  property,  for  the  next  preceding  year, 
and  also  all  tiie  levies,  county,  corporation  and  parish,  with 
which  he  is  justly  chargeable. 

This  limitation  on  the  right  as  it  now  exists,  is  in  accordance 
with  the  principles  above  stated,  and  would,  in  the  judgment  of 
the  committee,  be  attended  with  the  most  beneficial  results,  by 
stimulating  all  to  the  discharge  of  their  public  duty,  and  by  ex- 
cluding from  this  important  political  right  only  those  who  had 
failed  to  pcrlbrm  it. 
2 


f 


10  [Doc.  No.  33.] 

Popular  Elections. 

Material  changes  seem,  also,  to  be  necessary  in  regard  to  the 
selection  of  various  classes  of  public  officers.  Under  the  consti- 
tution as  it  now  stands,  no  discrimination  is  made  in  the  mode 
of  choosing  public  agents,  founded  on  a  consideration  of  the  na- 
ture of  the  functions  they  have  to  perform.  A  mistaken  desire 
to  propitiate  popular  favor,  rather  than  a  wise  and  well  consider- 
ed purpose  to  give  security  to  individual  rights,  and  stability  and 
dignity  to  the  government,  seems  to  have  controlled  the  action 
of  the  Convention  of  18.50.  The  selection  of  almost  every  offi- 
cer, has  been  referred  to  the  people,  and  by  shortening  the  official 
term,  as  far  as  possible,  the  officers  are  made  dependent  on  the 
people. 

In  the  opinion  of  your  committee,  this  was  a  grave  error. 
Popular  privileges  and  public  liberty,  are  best  protected  and  de- 
fended, by  placing  in  official  stations,  men  of  intelligence,  integ- 
rity, firmness,  and  wisdom;  and  that  mode  of  selection  is  best, 
which  will  most  effectually  accomplish  this  end.  The  govern- 
ment from  which  we  have  recently  separated,  furnishes  abun- 
dant proof  that  the  wisest  and  best  men,  are  not  always  the 
popular  faforites. 

In  determining  the  mode  of  selecting  officers,  it  seems  to  your 
committee,  that  some  regard  ought  to  be  had  to  the  nature  of  the 
duties  they  will  be  required  to  discliarge.  No  rule  can  be  pre- 
scribed which  will  be  free  Irom  all  objection,  but  your  commit- 
tee believe,  that  it  would  be  safe  to  assume,  that  all  legislative 
officers,  should  be  elected  by  the  people,  but  that  those  who  are 
to  fulfil  executive,  ox  judicial  trusts,  should  be  chosen  by  inter- 
mediate agents.  There  seems  to  be  good  reason  for  this  dis- 
tinction. Legislation  affects  the  rights  and  liberties  of  the  whole 
people,  collectively.  Hence  those  who  exercise  legislative  pow- 
ers, should  be  elected  by  the  direct  vote  of  the  people,  and  be 
dependent,  for  their  continuance  in  office,  on  the  will  of  the  peo- 
ple. But  judicial  and  executive  officers,  being  entrusted  with 
the  duty  of  expounding,  and  administering  the  public  will,  as 
expressed  through  the  legislature,  and  in  applying  the  law  to 
individual  cases,  have  functions  to  perform,  which  do  not  con- 
cern the  people  at  large,  and  ought  not  to  be  affected  by  their 
wishes.  After  laws  are  passed  by  the  Legislature,  (which  speaks 
for  the  people),  rights  accrue  to,  and  penalties  are  incurred  by, 
individuals,  which  ought  to  be  fearlessly  and  faithfully  executed, 
without  regard  to  the  wishes  of  a  majority  of  the  people.  A  judi- 
cial officer,  who  would  be  influenced  by  popular  clamor,  in  the 
discharge  of  his  appropriate  functions,  would  justly  incur  public 
contempt.  So  also,  an  executive  officer,  who  would  fail  to  en- 
force a  law,  because  it  was  unpopular,  would  merit  the  severest 


[Doc.  No.  33.]  11 

condemnation.  The  responsibility  of  these  classes  of  officers, 
is,  not  to  the  people,  directly,  and  therefore  there  is  no  good  reason 
why  they  should  be  chosen  directly  by  the  people.  All  experi- 
ence proves  that  the  only  class  of  public  servants,  who  can  be 
held  to  a  direct  and  practical  responsibility,  by  the  people,  are 
those  who  exercise  legislative  Junctions.  The  people  can,  and 
do,  judge  correctly,  of  the  wisdom  and  expediency  of  a  general 
law,  but  it  is  not  to  be  expected,  that  they  would  form  an  enlight- 
ened opinion,  in  regard  to  the  judicial  exposition,  or  executive 
application  of  it,  in  particular  cases.  The  former,  requires  only 
the  exercise  of  sound  judgment,  and  discriminating  common 
sense;  the  latter,  demands  legal  training,  familiarity  with  prece- 
dents, and  a  general  knowledge  of  the  principles  of  judicial  de- 
cision, and  executive  action.  The  one  involves  the  considera- 
tion of  the  law  in  its  general  aspects;  the  other  requires  a  mi- 
nute investigation  of  individual  cases,  which  the  public,  will 
rarely,  if  ever,  be  either  disposed,  or  competent  to  make. 

Your  committee  are  aware,  that  there  is  something  captivating 
to  the  self  love  of  the  people,  in  the  idea  of  electing  their  own 
officers  of  every  grade,  and  many  will  doubtless  be  found,  who 
will  seek  to  persuade  them,  that  it  is  essential  to  their  freedom, 
that  they  should  continue  to  do  so.  Parasites,  are  always  to  be 
found  around  the  fountains  of  power.  In  monarchies,  they  ex- 
hibit themselves  as  courtiers;  in  republics,  as  those  who  assume 
to  be,  the  peculiar  friends  of  the  people.  Intelligent  men,  how- 
ever, will  perceive,  that  even  under  our  present  Constitution,  the 
people,  really,  have  but  litde  to  do  with  the  election  of  the  higher 
classes  of  officers.  The  power  to  elect  exists  more  in  name  than 
in  fact.  The  peculiar  friends  of  the  people,  take  care  to  relieve 
them  of  that  trouble  and  responsibility. 

The  difficulty  of  making  choice  of  suitable  candidates,  arising 
from  a  want  of  knowledge,  by  the  people,  of  the  character  and 
qualifications  of  aspirants,  compels  a  resort  to  nominating  con- 
ventions. These  conventions,  substantially,  make  the  elections, 
and  leave  to  the  people  the  comparatively  unimportant  function, 
of  ratifying,  what  has  been  done  for  them,  by  a  body  of  irre- 
sponsible, and  often  untrustworthy  men.  It  was  through  the 
agency  of  such  an  assemblage  that  the  present  Executive  of  the 
United  States  was  imposed  on  the  country — and  your  committee 
doubt  if  the  ingenuity  of  venal  politicians,  could  have  devised 
any  other,  by  which  such  a  mischievous  result  could  have  been 
accomplished . 

As  a  general  rule,  it  would  be  much  safer  for  the  people,  to 
elect,  in  the  mode  prescibed  by  law,  representatives,  in  whose 
ability,  integrity,  and  patriotism,  they  could  confide,  and  leave 
to  them  the  duty,  not  merely  of  framing  the  laws,  but  also,  of 
selecting  the  higher  officers,  to  expound  and  execute  them. 


12  [Doc.  No.  33.J 

Election  of  Governo?\ 

In  regard  to  the  best  mode  of  electing  the  Governor,  some  di- 
versity of  sentiment  has  existed  among  the  members  of  the 
committee.  The  majority  incHne  to  the  opinion  that  he  should 
be  elected  by  the  direct  vote  of  the  people,  as  now  provided  by 
the  Constitution.  The  minority  believe  it  would  be  better  to  re- 
turn to  the  ancient  mode  of  electing  by  the  joint  vote  of  the 
General  Assembly. 

At  the  time  the  election  of  Governor  was  referred  to  the  peo- 
ple, it  was,  probably,  not  in  the  contemplation  of  any  one  that 
<fcndidates  would  canvass  the  State  to  obtain  votes  for  an  office 
which  had  been  filled  by  Henry,  Jefferson  and  Monroe.  It  was 
supposed  that  public  opinion  would  concentrate,  withont  diffi- 
culty, on  some  distinguished  statesman,  and  that,  by  the  spon- 
taneous action  of  the  people,  without  solicitation  on  his  part,  he 
would  be  elev^ated  to  the  chief  magistracy.  But,  as  this  expec- 
tation has  proved  delusive,  and  the  practice  of  canvassing  ac- 
tively for  the  office,  has  become  too  firmly  established  to  be  dis- 
regarded, a  portion  of  your  committee  believe  that  almost  any 
change  would  be  beneficial  which  would  relieve  the  Common- 
wealth of  an  evil  of  such  magnitude. 

It  will  be  generally  conceded  that  the  Governor  of  Virginia 
should  be  a  man  of  mature  age,  of  enlarged  experience,  of 
varied  attainments,  of  calm  wisdom,  of  unsullied  purity  and  of 
manners  and  deportment  calculated  to  command  universal  respect. 

The  minority  of  the  committee  believe  that  the  General  As- 
sembly of  Virginia,  regularly  elected  under  the  authority  of  law, 
representing  the  whole  Commonwealth,  and  acting  under  the 
sanctions  of  an  official  oath,  would  be  more  likely  to  make  a 
wise  selection  of  a  Governor  than  an  excited  convention  of  irre- 
sponsible men,  selected  and  convened  for  partizan  purposes,  and 
restrained  by  no  sense  of  responsibility  to  the  constituent  body, 
nor  by  the  obligations  of  an  oath.  With  such  a  convention, 
availability  for  an  active  and  successful  canvass,  would  be  looked 
to  in  prelerence  to  those  more  solid  qualifications  which  were 
the  tests  of  fitness  in  the  earlier  and  better  days  of  the  Republic. 

Election  of  Judges  and  Tenure  of  Office. 

There  seems  to  be  a  general  concurrence  of  sentiment  in  all 
parts  of  the  Commonwealth,  that  in  all  judicial  elections  party 
considerations  should  be  disregarded.  The  ermine  of  justice 
should  never  be  soiled  by  the  dust  of  partizan  conflict.  Judges 
should  be  selected  exclusively  with  regard  to  their  puritv  of 
character  and  judicial  qualifications;  and,  when  chosen,  they 
should  be  elevated  above  every  influence  which  might  tend  to 
bias  their  judgment  between  parties  litigant.  Their  tenure  of 
office  should  be  such  as  to  make  them  independent  of  popular 


[Doc.  No.  33.]  •  13 

caprice.  An  upright  and  independent  judiciary  is  the  great 
bulwark  of  constitutional  liberty.  It  often  becomes  the  duty  of 
Judges  to  decide  causes  in  which  the  sentiment  of  an  excited 
community  is  arrayed  against  a  single  friendless  individual.  No 
temptation  should  be  held  out  to  them  to  swerve  from  the  path 
of  justice  by  appeals  to  their  hopes  of  reelection  or  fears  of 
defeat.  Human  nature  is  weak,  and  no  class  of  men  should  be 
placed  in  a  position  in  which  their  personal  interests  may  come 
into  conflict  with  the  impartial  discharge  of  public  duty. 

Prior  to  the  English  revolution  of  16SS,  Judges  held  their 
ofHces  during  the  pleasure  of  the  Crown.  As  a  natural  conse* 
quence,  they  were  too  often  the  pliant  tools  of  arbitrary  power. 
After  the  revolution  had  been  accomplished  and  the  principles 
of  constitutional  liberty  established  on  a  firm  basis,  the  judicial 
tenure  was  changed  to  '^good  behaviorj"  and  from  that  hour  to 
the  present^  an  independent  judiciary  has  been  the  palladium  of 
British  liberty. 

The  same  considerations  which  rendered  an  independent 
judiciary  essential  to  freedom  in  England,  apply  with  equal  force 
in  Virginia.  It  is  true  that  the  people  are  sovereign  here,  but  it 
often  becomes  as  necessary  for  Judges  to  annul  the  unconstitu- 
tional acts  of  the  Legislature,  represjiiting  the  popular  will,  or  to 
resist  the  clamor  of  an  excited  people,  as  to  maintain  a  manly 
stand  against  the  usurpations  of  a  tyrant. 

Your  committee,  therefore,  recommend  that  the  tenure  of  all 
the  Judges  be  enlarged  to  "  good  behavior." 

Under  the  Constitutions  of  1776  and  1S30,  Judges  of  the 
Court  of  Appeals  and  Circuit  Courts  were  elected  bv  joint  vote 
of  the  General  Assembly.  By  the  present  Constitution,  it  is 
provided  that  they  shall  be  elected  by  the  direct  vote  of  the  peo- 
ple in  sections  and  circuits  arranged  by  the  Legislature. 

Experience  has  shown  that  both  these  modes  of  selecting 
Judges  are  liable  to  grave  objections.  In  times  of  high  political 
excitement,  it  has  been  found  impossible  to  exclude  party  con- 
siderations from  judicial  elections,  whether  made  bv  the  Legis- 
lature or  the  people.  Your  committee,  therefore,  recommend 
that  botii  these  modes  of  appointment  shall  be  discarded,  and 
that,  hereafter,  all  Judges  shall  be  nominated  by  the  Executive, 
and  appointed  by  and  with  the  advice  and  consent  of  the  Senate. 
This  mode  of  appointment  secured  to  the  late  Federal  Govern- 
ment an  able  and  faithful  judiciary,  and  it  has  recently  received 
the  sanction  of  the  framers  of  the  Constitution  of  the  Confederate 
States. 

Justices  of  the  Peace — mode  of  Appoititment  and  Tenure. 

The  duties  of  jutices  of  the  peace  are  of  a  mixed  nature, 
partaking,  in  some  degree,  both  of  a  legislative  and  judicial 


14  [Doc.  No.  33.] 

character.  They  are  required  to  impose  county  taxes  and  to  ap- 
propriate county  revenue,  as  well  as  to  govern  the  local  police  and 
administer  justice.  In  view  of  these  facts,  there  was  a  differ- 
ence of  opinion  in  the  committee  in  regard  to  the  mode  of  ap- 
pointment and  the  tenure  of  otfice.  Some  members  preferred  the 
system  which  prevailed  under  the  Constitutions  of  17T6  and 
1830.  They  contended  that  that  system  had  been  approved  by 
the  experience  of  three-quarters  of  a  century,  during  all  which 
time,  it  gave  to  the  Commonwealth  an  upright,  able,  intelligent 
and  independent  magistracy,  which  executed  the  laws  fearlessly 
%Bnd  faithlnlly,  and  managed  the  county  finances  with  integrity 
and  economy. 

A  majority  of  the  committee,  however,  preferred  the  system  of 
electing  justices  by  the  people  for  a  term  of  years;  but  all  con- 
curred in  the  o|iinion  that  the  present  term  is  too  short,  and  that 
it  should  be  extended  to  six  years.  Should  pro})er  limitations 
be  imposed  on  the  right  of  suffrage,  it  is  hoped  that  the  elective 
system  may  prove  more  satisfactory  in  its  practical  operations 
under  this  mode  of  selection  than  it  has  been  under  the  present 
Constitution. 

Mayors,  Recorders  and  Aldermen. 

In  view  of  the  peculiar  character  of  the  population  of  our 
cities  and  large  towns,  many  of  whom  hold  but  little  of  those 
kinds  of  property  which  have  to  bear  the  burthen  of  taxation, 
and  a  large  number  being  mere  temporary  sojourners,  your  com- 
mittee are  of  the  opinion  that  the  public  interests  would  be  pro- 
moted by  withdrawing  the  election  of  mayors,  recorders,  ser- 
geants and  other  ministerial  officers  from  the  people  and  referring 
it  to  the  Common  Councils;  elected  by  the  popular  vote.  The 
council,  deriving  its  existence  from,  and  being  dependent  on  the 
people,  will  have  every  inducement  to  consult  tlieir  true  interests, 
and  being  a  select  body,  generally  of  intelligent  and  responsible 
men  and  permanent  residents,  will  have  better  opportunities  of 
informing  themselves  of  the  qualifications  of  candidates  than  the 
public  at  large,  and  can,  therefore,  make  wiser  selections  of 
officers.  Other  considerations,  which  will  hereafter  be  adverted 
to,  lend  additional  force  to  this  recommendation. 

Election  and   Tenure  of  Office  of  Sheriffs,    Sergeants,    Clerks, 
Conimonwealtli' s  Attorneys  and  other  Ministerial  Offices. 

In  the  judgment  of  your  committee  it  was  a  wide  departure 
from  the  true  principles  of  representative  republican  government, 
to  require  that  ministerial  officers,  such  as  sheriffs,  clerks,  attor- 
nies  for  the  Commonwealth,  commissioners  of  the  revenue,  con- 
stables, etc.,  should  be  elected  by  the  direct  vote  of  the  people. 


[Doc.  No.  33.]  •  15 

The  multiplication  of  elections  is  of  itself  a  serious  evil.  The 
time  lost  in  attending  the  elections,  is  a  matter  of  no  small  im- 
portance to  the  community.  But  there  are  other  evils  attending 
the  system,  of  a  much  more  serious  character.  Among  these  are 
the  tendency  to  demoralize  and  corrupt  the  voters;  the  increase 
of  the  number  and  greed  of  candidates  for  small  offices;  the  in- 
auguration of  a  corrupt  system  of  electioneering;  the  encourage- 
ment of  dissipation  and  idleness,  and  a  disposition  on  the  part 
of  many  to  live  on  the  emoluments  of  office,  instead  of  by  the 
earnings  of  patient  industry; — the  sacrifice  of  independence  of 
thought  and  manly  feeling;  a  pliant  subserviency  to  popular  c^ 
price;  and  the  filling  of  positions  of  trust  and  responsibility, 
with  unfaithful  and  incompetent  men.  Public  offices,  instead 
of  being  looked  upon  by  voters,  as  public  trusts,  to  be  conferred 
on  the  most  worthy,  are  too  often  regarded  as  rewards  or  gratui- 
ties to  be  bestowed  on  popular  favorites,  without  reference  to 
their  capacity  to  discharge  the  duties.  Officers  thus  elected,  nat- 
urally feel  themselves  under  obligations  to  those  who  supported 
them,  and,  not  unfrequently,  discharge  their  debt  of  gratitude^ 
out  of  the  public  treasury. 

Ministerial  officers  operate  directly  on  the  people,  and  it  is  ex- 
pecting too  much  from  human  nature,  to  suppose,  that  they  will 
not  discriminate  between  those  who  favored  and  those  who  op- 
posed their  election.  It  will  not  be  denied  that,  since  this  class 
of  officers  have  been  made  elective  by  the  people,  the  laws  have 
been  less  rigidly  enforced,  and  the  public  interests  less  faithfully 
guarded. 

To  illustrate  this  proposition,  your  committee  need  only  refer 
to  the  shameful  delinquency  of  sheriffs,  clerks  and  other  officers, 
in  regard  to  the  public  revenue.  Under  the  old  system  of  se- 
lecting these  officers,  a  defalcation  was  a  matter  of  rare  occur- 
rence, but  under  the  system  of  popular  elections,  as  will  be  seen 
fi-om  the  records  in  the  office  of  the  1st  Auditor,  there  are  but 
twelve  counties  in  the  Commonwealth,  in  which  sheriffs  have 
not  been  defaulters!  In  this  way,  vast  losses  have  accrued  to 
the  revenue,  and  the  people  of  those  counties  which  have  not 
been  delinquent  are  required  to  contribute  to  make  good  the  de- 
ficiency occasioned  by  the  default  of  others. 

The  increase  in  the  number  of  defaulting  clerks,  is  almost  in 
the  same  ratio,  and  demands,  with  equal  emphasis,  the  applica- 
tion of  a  suitable  corrective. 

The  elective  system  has  worked  quite  as  unfortunately,  in  re- 
gard to  Commonwealth's  attorneys.  This  office  requires,  for  the 
efficient  discharge  of  its  duties,  talents  and  attainments  of  a  pe- 
culiar character.  They  can  be  understood  and  appreciated  only 
by  those  who  are  familiar  with  the  administration  of  justice.  It 
is  no  disparagement  of  the  intelligence  of  the  people,  therefore, 


16  .  [Doc.  No.  33.] 

,  to  say,  that  it  is  inexpedient  to  refer  to  them  the  election  of  an 
attorney.  They  cannot  judge  of  his  capacity  to  frame  an  in- 
formation or  indictment,  or  to  fulfil  other  duties  involving  famili- 
arity with  legal  technicalities.  It  has  often  happened,  therefore, 
that  the  people,  forming  a  mistaken  estimate  of  the  office,  have 
elected  men  utterly  incompetent  to  discharge  its  duties.  The 
consequence  is,  criminals  escape  just  punishment,  unless  the 
court,  or  private  parties,  obtain  the  assistance  of  a  competent 
lawyer,  to  assist  the  official  representative  of  the  Common- 
wealth. 
H^  Constables. 

The  complaint  is  general  throughout  the  Commonwealth, 
that  under  the  present  system,  this  class  of  officers  are  negligent 
and  inefficient.  The  parties  who  feel  most  interest  in  the  elec- 
tion of  constables,  are  those  on  whom  they  will  be  most  likely 
to  be  required  to  exercise  their  functions.  It  is  their  interest  to 
select  those  who  will  be  most  lenient,  and  accordingly,  in  many 
counties,  it  has  been  impossible  to  procure  the  services  of  vigi- 
lant and  prompt  men,  in  the  office  of  constable. 

Your  committee  are  of  the  opinion  that  the  election  of  sheriffs, 
sergeants,  clerks,  attornies  for  the  Commonwealth,  constables, 
surveyors  and  commissioners  of  the  revenue,  should  be  with- 
drawn from  the  people  and  confided  to  the  courts.  They  should 
hold  their  offices  for  a  term  of  years,  but  be  removable  at  the 
pleasure  of  the  court.  They  should  be  reeligible  from  term  to 
term,  indefinitely,  with  the  single  restriction  that  no  officer  en- 
trusted with  the  collection  or  disbursement  of  any  public  money 
belonging  to  the  Commonwealth  or  his  county,  shall  be  reeligible 
unless  he  shall  produce  satisfactory  evidence  that  he  has  ho- 
nestly and  faithfully  accounted  for  the  same  according  to  law. 

The  effect  of  this  provision  will  be  to  stimulate  officers  to  the 
prompt  and  efficient  discharge  of  their  duty,  by  the  hope  of  re- 
taining their  offices;  to  secure  to  the  public  vigilant  and  effec- 
tive agents  in  every  ministerial  office,  and  to  lighten  the  burthens 
of  taxation  by  saving  large  sums  of  money  which  are  now 
annually  lost  to  the  treasury. 

Should  these  amendments  to  the  Constitution  receive  the 
sanction  of  the  Convention  and  be  ratified  by  the  people,  your 
committee  cherish  the  confident  hope  that  public  liberty  an^^ 
private  rights  will  be  established  on  a  safe  and  permanent 
foundation. 


[DOC.  NO.  XXXV.] 


MESSAGE 


FROM  THE 


EXECTTR^E  OF  THE  C0MM0:N WEALTH, 


WITH 


ACCOiMP ANTING  DOCUMENTS, 


SHOWING  THE 


MILITARY  AND  NAVAL  PREPARATIONS 


FOR  THE 


DEFENCE  OF  THE  STATE  OF  VIRGINIA, 


31 


#».. 


[Doc,  No,  35.]  3 

i 

MESSAGE. 

Executive  Department,  ) 
June  17,  ISO].      ] 
Gcntleinen  of  the  Conveiitioii: 

.Tustice  to  the  Executive,  and  those  who  have  been  associated 
with  him  in  the  administration  of  the  State  Government,  imper- 
atively demands  that  a  full  detail  of  all  that  has  been  done,  shall 
be  submitted  to  the  Convention,  in  order  that  it  may  have  a  place 
upon  the  public  records  and  thus  go  down  to  posterity.  The* 
present  is  an  occasion  of  deep  interest  and  importance  in  the  his- 
tory of  the  State,  and  I  trust,  therefore,  that  this  detail  of  facts, 
sustained  by  proofs  that  cannot  be  gainsaid  or  controverted  will 
not  be  considered  either  as  untimely  or  out  of  place. 

In  my  inaugural  message,  I  embraced  the  opportunity  to  advise 
the  ''General  Assemblv,"  that  it  was  their  "  duty  to  place  the 
State  in  such  a  condition  that  she  will  be  prepared  at  all  times, 
and  upon  the  shortest  notice  to  protect  her  honor,  defend  her 
rights,  and  maintain  her  institutions  against  all  assaults  of  her 
enemies.  With  this  view,  I  recommend  a  careful  revision  of  the 
militia  law;  and  in  this  connection,  I  suggested  that  munitions 
of  war  be  procured  and  provision  be  made  for  the  organization 
of  an  efficient  military  staff."  I  recommended  at  the  same  time, 
the  passage  of  a  bill  ''  for  the  organization  of  a  brigade  of  min- 
ute men,"  and  furnished  the  draft  of  a  bill  for  the  accomplishment 
of  this  object. 

On  the  31st  day  of  January,  1860,  the  General  Assembly 
passed  ''an  act  making  an  appropriation  of  one  hundred  and 
eighty  thousand  dollars  to  purchase  such  arms,  equipments  and 
munitions  as  may  be  required  for  the  immediate  use  of  the 
State."  This  sum  was  to  be  expended  under  the  direction  of  a 
Oommission,  to  be  appointed  by  the  Executive,  and  consisted 
of  Col.  P.  St.  Geo.  Cocke,  Maj.  Geo.  W.  Randolph  and  Col.  F. 
H.  Smitli,  who  were  appointed  innnediately  after  the  passage  of 
the  act,  and  entered  upon  the  disciiarge  of  their  duties.  No  men 
were  ever  more  prompt  and  faithful  in  the  performance  of  a  pub- 
lic duty,  and  their  action  received  the  a])proval  of  the  General 
Assembly.  Out  of  this  appropriation,  thirteen  rifle  cannon,  five 
thousand  percussion  muskets,  revolv^ers,  cavalry  sabres,  fifty  thou- 
sand pounds  of  powder  and  other  articles  were  purchased.  The 
entire  sum  was  expended,  as  will  fully  appear  from  the  report  of 
Maj.  Randolph,  made  to  the  General  Assembly  on  the  1st  day  of 
April  last;  and  herewith  tvansinitted.    (Appendix  A.) 


4  [Doc.  No.  35.] 

By  an  act  passed  January  29th,  1861,  it  was  made  the  duty  of 
the  Colonel  of  Ordnance,  under  direction  of  the  Governor,  to 
procure  the  necessary  arms,  equipments  and  munitions  of  war, 
for  the  defence  of  the  State.  He  is  authorized,  also,  to  contract 
for  the  manufacture  of  equipments  and  munitions,  and  to  buy- 
materials  therefor,  and  to  contract  for  altering  and  improving  can- 
non and  small  arms,  and  to  purchase  machinery  and  materials 
therefor.  The  act  appropriates  ,f  800,000  to  accomplish  these 
purposes.  Col.  Charles  Dimmock  was  nominated  to  the  Senate, 
and  confirmed  as  Colonel  of  Ordnance,  and  immediately  entered 
upon  the  discharge  of  his  duties.  His  report  herewith  trans- 
mitted (Appendix  B)  will  show  what  was  done  under  this  act. 
By  the  same  act  the  Governor  is  authorized  to  employ  an  Engi- 
neer, to  plan  and  construct  coast,  harbor  and  river  defences,  and 
to  execute  the  same  if  approved  by  the  Governor.  For  this  po- 
sition Col.  Talcott  was  selected,  and  he  has  been  most  industri- 
ously and  energetically  employed  in  the  discharge  of  his  important 
duties.  The  act  also  provided  for  the  construction  of  three  ar- 
senals in  different  sections  of  the  State,  and  for  the  purposes 
mentioned  in  this  paragraph,  the  sum  of  ^200,000  was  appropri- 
ated. Under  this  act  the  amounts  appropriated  could  not  be  raised 
in  the  usnal  mode,  by  the  sale  of  State  bonds;  the  bonds  having 
depreciated  twenty  per  cent,  or  more,  and  our  law  prohibiting 
their  sale  at  less  than  their  par  value.  Hence  an  act  was  passed 
on  the  14th  day  of  March  thereafter,  authorizing  the  issue  of  one 
million  of  dollars  of  treasury  notes.  This  act  authorized  the 
Governor  to  direct  the  Auditor  to  borrow  for  the  State,  from  time 
to  time,  the  sum  aforesaid  and  to  issue  treasury  notes  therefor. 
Under  this  act  the  banks  were  authorized  to  discount  or  pur- 
chase such  treasury  notes. 

The  Convention  subsequently,  by  an  ordinance  passed  April 
30th,  1861,  authorized  the  Governor  to  raise  for  the  defences  of 
the  State,  by  treasury  notes,  a  sum  not  exceeding  two  millions  of 
dollars.  These  notes  are  made  payable  to  bearer,  and  are  re- 
deemable one  year  after  their  dates,  and  when  paid,  are  to  be 
cancelled  and  re-issues  are  authorized  for  a  like  amount. 

In  less  than  one  week  after  the  passage  of  tlie  ordinance  of 
secession,  the  Navy  Department  was  fully  and  effectively  organ- 
ized, and  the  report  of  Capt.  Barron,  the  officer  in  cliarge, 
(which  is  herewith  transmitted  and  will  be  found  in  Appendix 
C,)  shows  how  much  has  been  done  in  an  incredibly  short  time. 

The  State  has  had  full  work  for  all  the  officers,  seamen  and 
marines  embraced  in  this  organization,  and  all,  so  far  as  I  know 
or  believe,  have  worked  laboriously,  cheerfully  and  effectively. 
Besides  the  laborious  work  of  removing  the  heavy  guns  and 
other  munitions  from  the  Navy  Yard  to  the  various  points  on  our 
river  at  which  the  batteries  are  located,  we  have  had  to  construct 


[Doc.  No,  35.]  5^ 

the  gun  carriages  and  to  provide  the  necessary  fixed  ammuni- 
tion for  the  batteries  Those  batteries  are  in  good  working  order 
and  are  effectively  manned.  The  fact  that  these  guns  weigh 
from  five  to  ten  thousand  pounds  each,  with  transportation  es- 
sentially by  land,  will  show  the  amount  of  labor  required  to  get 
them  in  position. 

Besides,  the  steam  frigate  Merrimac,  which  had  been  sunk  by 
i\]Q  Federal  authorities  and  burned  to  the  water's  edge  when 
they  deserted  the  Navy  Yard,  has  been  raised  and  is  now  in  the 
naval  Dry  Dock  undergoing  repairs.  An  effective  battery  has 
been  placed  on  board  the  frigate  United  States  and  the  Navy  Yard 
itself  is  well  prepared  for  vigorous  defence.  At  Richmond  the 
steamer  Yorklovvn  has  l)een  nearly  completed,  as  a  war  steamer, 
and  a  steam  tug  bought  by  the  State  has  been  completely  fitted 
up.  These  will  soon  be  ready  to  cooperate  with  the  other  mili- 
tary operations  and  will  be  prepared  to  render  efficient  service. 

Provisonal  Army. — Appointments  in  the  higher  grades  were 
confined  to  retired  oflicers  of  the  army  who  had  left  the  service 
of  the  United  States.  To  carry  into  immediate  effect  the  provi- 
sions for  recruiting,  appointments  were  made  of  a  number  of  first 
and  second  lieutenants,  nearly  one  half  of  whom  are  graduates 
of  the  Virginia  Military  Institute,  and  they  have  been  distributed 
tiiroughout  the  state  on  recruiting  service.  It  is  now  satisfacto- 
rily ascertained  that  while  the  volunteer  organization  is  so  ac- 
tively pressed,  as  it  now  is,  in  our  State,  it  is  impossible  to  raise 
the  ten  thousand  men  proposed  by  the  ordinance.  One  regi- 
ment perhaps  may  be  raised.  To  give  employment  to  the  young 
oflicers,  the  conunandlng  general  has  made  good  use  of  them  in 
organizing  and  drilling  the  volunteers  as  they  were  received  at 
the  various  camps  of  instruction.  As  many  of  them  as  may  be 
required  for  this  and  the  engineer  service,  may  be  retained  with 
advantage  until  their  services  shall  be  no  longer  necessary — the 
remainder  might  be  disbanded  after  organizing  the  companies 
already  recruited. 

The  report  of  Major  General  Lee  is  herewith  transmitted,  and 
I  commend  it  to  the  attention  of  the  Convention.  It  presents 
information  that  cannot  fail  to  be  interesting  and  instructive,  as  it 
shows  the  progress  of  our  military  matters  since  the  ordinance 
of  secession  was  passed.     (Appendix  D.) 

The  Harper's  Ferry  machinery  and  the  disposition  made  of 
it,  was  the  subject  of  a  previous  communication  and  to  that  and 
the  accompanying  paper  I  rel'er. 

I  transmit  a  copy  of  the  proclamation  turning  over  the  military 
power  of  the  Stare  to  the  Confederate  States.  The  terms  are 
satisfactory,  I  believe,  to  both  sides.     (Appendix  E.) 

The  intercourse  between  the  Council  and   the  Executive  has*i» 
beeii  of  the  most  agreeable  character.    The  journal;  regulai-ly 


e  [Doc.  No.  35.] 

kept,  will  show  that  their  action  has  been  characterized  by  a  re- 
markable unanimity,  and  it  is  a  source  of  satisfaction  to  me  to 
know,  that  I  have  rarely  felt  constrained  to  dissent  from  their 
advice.  Their  services  "have  been  appreciated  by  me  and  should 
be  appreciated  by  the  State. 

The  rule  which  has  regulated  me  in  making  appointments  was 
to  ascertain,  in  the  first  place,  whether  the  applicant  was  loyal 
to  the  State.  If  he  was  loyal,  competent  and  efficient  it  was  all 
I  required.  In  making  my  selections  I  have  not  regarded  old 
party  divisions.  Whether  a  man  originally  belonged  to  the  one 
or  the  other  of  the  old  political  parties,  into  which  our  people 
have  been  divided,  was  an  inquiry  that  I  thought  unworthy  of 
the  times.  We  had  a  common  interest  and  a  common  object  in 
defending  our  state  against  the  assaults  of  the  Federal  Govern- 
ment and  my  desire  was  to  make  our  people  a  unit,  if  possible, 
for  the  successful  prosecution  of  the  great  work  which  was  be- 
fore us,  I  think  I  can  safely  affirm  that  there  is  not  the  name  of 
an  unfaithful  son  of  the  Commonwealth  upon  the  list,  and  it  is 
cause  of  congratulation  with  me  to  know  that  they  have  been 
confirmed  by  the  council  with  very  general  unanimity.  No  one 
was  objected  to,  as  I  am  informed,  on  the  score  of  a  want  of 
fidelity  to  the  State. 

The  commissary,  quartermaster  and  medical  appointments 
were  made  at  the  earliest  practicable  moment  after  the  authority 
was  given,  and  although  some  bad  appointments  were  made, 
(some  of  which  have  been  removed,)  the  result  has  shown  great 
efficiency  in  all  these  departments.  The  paymaster's  department 
has  also  been  organized,  and  will,  I  believe,  prove  as  efficient  as 
the  others. 

When  the  war  commenced,  I  was  greatly  embarrassed  not  only 
from  my  own  want  of  knowledge  in  military  matters,  but  also 
from  the  want  of  experienced  military  advisers,  commanders  and 
an  organized  staff  corps.  Under  these  circumstances,  I  was 
called  at  once  to  make  provision  for  commands  at  the  important 
points  of  Norfolk,  Harper's  Ferry,  Alexandria  and  Fredericks- 
burg. Until  Gen.  Lee  was  appointed,  I  was  without  the  aid  and 
advice  of  an  experienced  military  man.  If  I  have,  under  these 
circumstances,  made  blunders,  it  is  not  to  be  wondered  at — the 
only  wonder  is  that  I  have  not  committed  many  more. 

The  State  has  paid  out  under  the  direction  of  the  auditing 
board  from  the  31st  day  of  April  to  the  14th  day  of  June,  the 
following  sums,  viz: 

For  the  Army $1,737,950  49 

''     ''    Navy. . . . . , 100,748  49 

«  1,838,698  98 

Outstanding  allowances  not  yet  presented  at  the  Treasury,  will 


[Doo.  No.  85.]  V 

add  .^100,000  to  this  .sum.  (Appendix  F.)  On  the  first  of  July, 
we  will  be  required  to  raise  $1,800,000  to  pay  our  troops  now  in 
the  field. 

Besides  all  these  difiiculties  to  encounter  and  overcome,  tiie 
Executive,  by  law  and  by  ordinances  of  the  Convention,  has 
been  compelled  to  provide  the  means  necessary  to  meet  the  ex- 
penditures incident  to  such  important  movements  and  to  the  ex- 
ertion of  such  extraordinary  power.  At  the  time  when  the  ordi- 
nance of  secession  was  passed,  there  was  in  the  treasury  to  the 
credit  of  the  commonwealth,  the  sum  of  1^384,005  25,  and  from 
that  period  to  this,  the  entire  amount  received  from  the  revenue 
of  the  State  is  about  .5:321,617  75,  making  ^706,223  to  meet  the 
ordinary  expenses  of  government  and  the  extraordinary  expenses 
of  the  war.  The  actual  sum  expended  for  the  war  alone,  has 
been  nearly  two  millions,  and  the  sum  necessary  to  meet  the 
liabilities  incurred,  and  not  yet  presented  for  payment,  will  be 
nearly  two  milhons  of  dollars  additional. 

To  meet  these  expenditures,  the  General  Assembly  had  au- 
thorized the  issuing  of  treasury  notes  to  the  amount  of  one  mil- 
lion of  dollars.  For  this  purpose  the  Auditor  of  Public  Accounts 
had  made  arrangements  to  have  the  treasury  notes  engraved  at 
the  North,  but  when  the  plates  were  ready  for  delivery,  they  were 
seized  by  the  Government  of  ftie  United  States.  This  occa- 
sioned delay  in  the  execution  of  the  notes  and  rendered  it  neces- 
sary to  contract  for  engraving  new  plates  here,  in  the  city  of 
Eichmond,  which  could  not  be  executed  until  within  a  few  days 
past. 

Subsequently  the  Convention  authorized  the  issue  of  two  mil- 
lions more  of  treasury  notes,  and  both  the  law  of  the  Legisla- 
ture and  the  ordinance  of  the  Convention  authorized  the  banks 
to  receive  these  notes  and  to  disconnt  upon  them. 

Under  this  authority  there  has  been  raised  from  the  banks, 
by  giving  temporary  notes,  payable  in  .Tuly,  the  amount  of 
$1,854,500,  which,  Avith  the  amount  in  the  treasury,  has  real- 
ized the  sum  of  $2,500,723  and  the  government  has  been  able 
to  meet  every  engagement  of  the  Connnonwealth,  so  fiir,  with 
the  currency  of  the  State,  promptly.  No  creditor  having  to  wait 
longer  than  necessary  to  audit  and  settle  his  accounts. 

A  summary  of  the  operations  of  the  Executive  Department 
since  the  18th  of  April,  1861,  shows  the  following  results  : 

1 .  The  Navy  Yard  and  Harper's  Ferry  arsenal,  captured  with- 
out the  loss  of  a  single  lite,  and  securing  to  the  State  pro- 
perty, estimated  in  its  intrinsic  value,  at  from  $25,000,000  to 
$30;000,000. 

2.  Upwards  of  40,000  volunteers  have  been  drawn  from  their 
peaceful  pursuits,  and  some  of  them  from  the  most  distant  parts 
of  the  State — have  been  instructed  in  the  most  elementary  ex- 


8  [Doc.  No.  35.] 

ercises  of  the  soldier  ;  have  been  armed,  equipped  and  siipphed 
with  every  necessary  for  active  service  in  the  field,  and  are  now 
ready  to  defend  the  honor  and  maintain  the  liberties  of  the 
State. 

3.  A  navy  department,  hitherto  unknown  to  our  State  or- 
ganization, has  been  thoroughly  and  effectively  organized.  Na- 
vy batteries,  numbering  upwards  of  320  pieces,  and  heavy  ord- 
nance, varying  in  weight  from  5,000  to  10,000  pounds,  have 
been  established,  the  gun-carriages  for  the  most  part  made,  and 
the  ammunition  prepared,  while  upwards  of  120  pieces  of  heavy 
ordnance  have  been  forwarded  to  other  States  of  the  Southern 
Confederacy. 

4.  The  various  staff  corps,  embracing  commissary,  quarter- 
master, medical  and  engineer  departments,  have  been  organized 
under  ordinances  passed  since  the  20th  April,  1861 ,  and  their 
efficiency  has  not  only  contributed  to  the  promptness  and  com- 
pleteness of  the  preparation  which  has  enabled  us  to  put  so  large 
a  force  from  our  own  State  into  the  field,  but  to  facilitate  the 
movements  and  efficiency  of  most  of  those  who  have  come  to 
our  aid  from  the  other  States  of  the  Confederacy. 

5.  And,  finnlly,  these  results  have  been  reached  in  due  regard 
to  an  economical  expenditure  of  the  public  money.  The  stores 
and  other  property,  purchased*for  the  military  operations,  have 
been  paid  for,  as  they  were  bought,  and  thus  the  credit  of  the 
State  has  been  fully  sustained. 

It  is  due  to  truth  and  justice  that  I  should  here  record,  in  this 
recapitulation,  my  high  appreciation  of  the  industry,  judgment 
and  professional  skill  which  have  marked  the  conduct  of  the 
distinguished  officer  who  has  been  called  by  me,  with  the  unani- 
mous approval  of  the  Convention,  to  conduct  the  military  and 
naval  operations  of  Virginia. 

From  ever^^  principle  of  duty  and  patriotism,  the  executive 
department  of  the  State  has  felt  called  upon  to  cooperate  cor- 
dially and  heartily  with  the  government  of  the  Confederate 
States,  and  the  policy  which  has  controlled  my  action  heretofore, 
will  continue  to  regulate  it.  The  great  interests  at  stake  demand 
the  surrender  of  all  questions  of  a  subordinate  character,  in  a 
vigorous  and  united  effort  to  maintain  the  common  rights  of  the 
South..  Nothing  will  be  left  undone  to  advance  tlie  interests  of 
all,  and  the  candor,  frankness  and  sincerity  which  have  been 
exhibited  by  the  President,  assure  me  that  harmony  and  concert 
of  action  will  be  the  result.  He  duly  appreciates  the  importance 
of  the  occasion,  and  his  courage,  prudence  and  military  expe- 
rience will  exert  a  salutary  influence  in  directing  and  controlling 
the  military  movements,  now  in  progress  for  the  protection  of 
Virginia  and  the  South. 

And  finally,  I  communicate  herewith,  orders  issued  to  Gene- 


[Doc.  No.  35.]  9 

rals  Carson,  Taliaferro  and  Raymond,  and  also  a  letter  acknow- 
ledging the  receipt  of  General  Harper's  report  of  operations  at 
Harper's  Ferry.  General  Harper  was  placed  in  charge  of  the 
expedition  against  Harper's  Ferry,  and  I  regret  that  the  orders 
given  to  him,  on  the  17th  day  of  April  last,  have  been  mislaid. 
These  orders  show  that  I  acted  with  the  promptness  and  decision 
due  to  the  occasion.  General  Harper's  report  will  be  found  with 
these  orders.     (Appendix  G.) 

Respectfully, 

JOHN  LETCHER. 


32 


[Doc.  No.  35.]  It 


ISSUES  FROM  RICHMOND  ARMORY 

From  April  1st  to  June,  I3ih,  1861. 


Captain  Wyatt  M.  Elliott — 15^  Regiment  Virginia. 

100  Cartridge  Boxes, 
50  Bayonet  Scabbards, 
30  Cap  Boxes, 
10  Rifle  Muskets, 
10  Sets  Accoutrements,  complete, 
10  Cartridge  Boxes, 
10  Cap  Pouches, 
2,000  Cartridges. 

Captain  D.  Dodson — 39th  Regiment  Virginia. 

75  Bayonet  Scabbards, 
1,000  Cartridges, 
1,200  Caps. 

Captain  Wm.  H.  Jarvis — 39t/i  Regiment, 

70  Cartridge  Boxes, 
70  Bayonet  Scabbards, 
70  Cap  Boxes, 
70  Sets  Plates, 
300  Yards  Webbing. 

Captain  J.  P.  May — 39th  Regiment. 

4  Cartridge  Boxes, 
4  Bayonet  Scabbards, 
4  Cap  Pouches, 
4  Sets  Plates, 
20  Yards  Webbing. 


12  [Doc.  No.  35.] 

Captain  R.  D.  Baskerville — 98^A  Regiment, 

50  Altered  Percussion  Muskets, 
50  Cartridge  Boxes, 
50  Bayonet  Scabbards, 
50  Cap  Pouches, 
50  Sets  Plates, 
260  Yards  Webbing. 

Captain  Bukeley — Per  J.  R.  Anderson. 
45  Flint  Muskets. 

Captain  J.  G.  Griswold. 

55  Altered  Muskets, 
55  Cartridge  Boxes, 
55  Bayonet  Scabbards, 
55  Cap  Pouches, 
55  Plates, 
300  Yards  Webbing, 
4  Hall  Carbines. 

To  Colt's  Armory. 

159  Colt's  Rifles, 
76  Colt's  Carbines. 

Captain  J.  Q,.  Nadenbousch — Martinshurg. 

80  Rifle  Muskets, 

80  Cartridge  Boxes, 

80  Bayonet  Scabbards, 

80  Cap  Boxes, 

80  Sets  Plates, 
450  Yards  Webbing, 
1,000  Cartridges, 
1,200  Caps. 

Captain  J.  C.  Luck — Pittsylvania  County, 

1  Rifle  and  Equipment, 
60  Breast  Plates, 
90  Yards  Webbing. 

Captain  R.  C.  Hammond — Sussex. 

50  Cartridge  Boxes, 
00  Bayonet  Scabbards, 


[Doc.  No.  35.]  13 

50  Cap  Pouches, 

50  Sets  Plates, 

300  Yards  Webbing, 

600  Cartridges, 

1,000  Caps. 

Captain  W.  T.  Jones — Gloucester. 

1,000  Catridges, 
1,200  Caps. 

Captain  J.  S.  Langhorne — Lynchburg. 

60  Cartridge  Boxes, 

60  Bayonet  Scabbards, 

60  Cap  Pouches, 

60  Sets  Plates, 
300  Yards  Webbing, 
600  Cartridges, 
1,000  Caps, 
200  Flint  Muskets, 
200  Sets  of  Accoutrements,  complete, 

60  Saddle  Holsters, 

60  Carbine  Slings, 

27  Harper's  Ferry  Rifles, 

27  Cap  Pouches, 

40  Cavalry  Sabres, 

40  Belts  and  Plates. 

Captain  Drake. 

50  Whitney's  Pistols, 
50  Waist  Holsters, 
500  Cartridges  and  Caps. 

J.  B.  Williams. 

600  Cartridges, 
700  Caps. 

Captain  Archer — Ric/mio?id  Home  Guard. 
40  United  States  Flint  Muskets, 

Colonel  W.  Baylor— iSiau?ito?i. 

1,500  Cartridges, 
2,000  Caps. 


14  [Doc.  No.  35.] 

Major  J.  Crotr-ew— Norfolk. 

25  Altered  Muskets, 
25  Sets  of  Accoutrements, 
70  6  pounder  fixed  shot, 
28  6  pounder  Canister. 

Captain  W.  B.  Ball— Chesterfield. 

8  Cavalry  Sabres  and  Belts, 
8  Whitney's  Pistols  and  Equipments, 
58  Waist  Holsters. 

W.  E.  Ta-slor. 

600  Cartridges, 
700  Caps. 

Captain  A.  Koiner — Augusta. 

50  Cartridge  Boxes, 
50  Cap  Pouches, 
50  Sets  Plates, 
300  Yards  Webbing. 

L.  T.  MooviE— 'Winchester, 

2,000  Cartridges, 
2,600  Caps. 

Captain  Doyle. 

60  Cartridge  Boxes, 
300  Yards  Webbing. 

J.  G.  Imboden. 

28  6  Pounder  Shot, 
28     <'       '^  Canister, 
70     <<       "  Shot, 
28    "      "  Canister. 

Captain  R.  M.  Cary— l5^  Regimejit, 

53  Rifle  Muskets, 
53  Cartridge  Boxes, 
53  Bayonet  Scabbards, 
53  Setts  Plates, 
300  Yards  Webbing. 


[Doc.  No.  35.] 

Wm.  Haymes — Halifax. 

600  Cartridges, 
700  Caps. 

John  A.  Henley. 

600  Cartridges, 
700  Caps. 

Captain  S.  Garland,  Jr. — Lynchburg, 

20  Altered  Muskets, 
20  Cartridge  Boxes, 
20  Bayonet  Scabbards, 
20  Cap  Pouches, 
20  Sets  Plates, 
120  Yards  Webbing. 

Captain  Cabell — Richmond. 
1,000  Cartridges. 

Colonel  M.  McKennie — Charlottesville. 

2.000  Cartridges, 
2,500  Caps. 

Captain  R.  O.  Whitehead. 

50  Altered  Percussion  Muskets, 

50  Cartridge  Boxes, 

50  Bayonet  Scabbards, 

50  Cap  Boxes, 

50  Sets  Plates, 

300  Yards  Webbing. 

Captain  O.  J.  Wise — Richmond. 

SO  Cartridge  Boxes, 
80  Bayonet  Scabbards,      ' 
80  Cap  Pouches, 
80  Sets  Plates, 
450  Yards  Webbing, 
20  Flint  Muskets, 
20  Accoutrements, 
20  Original  Percussion  Muskets. 

R.  Connelly — Nottaway  county. 
1000  Cartridges. 
1200  Caps. 


16  [Doc.  No.  35.] 

Captain  D.  Kemper — Alexandria. 

34  Artillery  Sabres, 

34  Sabre  Belts  and  Plates, 

3  Lanyards, 
2  ProlougeS; 
8  Bricoles, 

4  Haversacks, 

4  Tube  Pouches, 

5  Sets  Artillery  Harness, 
4  Priming  Wires, 

4  Thumb-stalls. 

J.  E.  Scott. 

1000  Cartridges, 
1200  Caps. 

Captain  M.  D.  Ball — Fairfax. 

50  Sabre  Belts, 
60  Sabres. 

Captain  Drak§ — Winchester. 

500  Cartridges, 
600  Caps. 

Captain  B.  Garlick — New  Kent. 

2  Iron  Cannonj 
50  Flint  Muskets, 
200  Extra  Flints, 
250  Sets  Accoutrements, 
2S0  Yards  Webbing. 

Major  D.  A.  Weisiger — Petersburg. 
60  Flint  Muskets, 
60  Sels  Accoutrements, 
30  Sets  Accoutrements  Enfield  Musket, 

James  W.  Allen — Charlestown. 
10,000  Cartridges, 
12,000  Caps. 

Captain  Vickery — Norfolk. 
2  Prolouges 
4  Priming  Wires, 
1  Worm  and  Staff. 


33 


[Doc.  No.  35.]  17 

Captain  R.  Ta\lok— Norfolk. 

25  Altered  Muskets, 
25  Sets  Accoutrements. 

Captain  Bradford. 
75  Sets  Accoutrements. 

T.  T.  Cropper — Richmond. 

4  Rif]e  Cannon, 

1   Iron  Six- pounder, 
50  Flint  Rifles, 
50  Sabres,  (no  scabbards.) 

Captain  Authur — Sufolk. 

50  Altered  Muskets, 

50  Sets  Accoutrements,  complete, 
600  Cartridges, 
700  Caps. 

Captain  Watkins — Isle  of  Wight. 
50  Full  Sets  Accoutrements. 

Captain  H.  T.  Owens — Nottoway. 
50  Full  Sets  Musket  Accoutrements. 

Colonel  P.  T.  Moore — Richmond. 

43  Rifled  Muskets  and  Accoutrements 
200  Yards  Webbing. 

Captain  John  Welsh — Madison. 

50  Cap  Pouches, 
30  Altered  Muskets, 
30  Sets  Accoutrements, 
ISO  Yards  Webbing. 

Captain  H.  R.  Johnson — Cumberlandi, 

60  Cap  Pouches, 
800  Cartridges, 
1000  Caps. 


18  [Doc.  No.  35.] 

Captain  William  J.  GREEH—Staford. 
60  Cap  Boxes. 

Slote. 

160  United  States  Flint  Muskets. 
Captain  R.  A.  Booker— PHwce  Edward. 

80  Sets  Accoutrements, 
400  Yards  Webbing. 

Captain  W.  W.  Cogbill — Chesterfield. 

50  Virginia  Altered  Rifles, 
50  Sets  Accoutrements, 
260  Yards  Webbing, 
10  Cartridge  Boxes, 
40  Flint  Muskets, 
40  Bayonet  Scabbards. 

Captain  Walker — 179th  Kcgime?it,  Richmond^ 

71  Cartridge  Boxes, 

71  Cap  Pouches, 

71  Sets  Plates, 

30  Bayonet  Scabbards, 
400  Yai;ds  Webbing, 

4  Six- Pounder  Iron  Rifles, 

4  Cartridges  and  implements  complete^ 

75  New  Cavalry  Sabres  and  Belts. 

Captain  E.  C.  Robinson — Norfolk. 

200  United  States  Flint  Muskets, 

250  Extra  Flints, 
5,000  Cartridges, 
6,000  Caps. 

C.  F.  Suttle — Alexandria. 

100  Flint  Muskets, 
100  Old  Cartridge  Boxes, 
40  Old  Belts, 
1,000  Cartridges  and  Caps. 


[Doc.  No.  35.]  19. 

Captain  Charles  Smith — Northampton. 

4  Six-pounder  Iron  Guns, 
4  Sixpounder  Carriages  complete, 
4  Sets  Wheel  Harness, 
4,000  Cartridges, 
5,000  Caps, 

28  Fixed  Shot, 
75  Tubes, 
28  Fixed  Canister, 
2  Barrels  Powder,  and  100  six-pounder  shot, 

Colonel  J.  J.  Hodges — Portsmouth. 

90  Full  Sets  Rifle  Accoutrements, 
30  Altered  Muskets  and  ditto, 
600  Yards  V/ebbing. 

John  S.  Barbour — President  of  Orange  and  Alex.  Rail  Road, 

20  Altered  Muskets, 

20  Sets  Accoutrements, 

40  Whitney's  Revolvers  and  Moulds, 

40  Waist  Holsters  Belts  and  Plates, 

700  Cartridges,  4 

900  Caps. 

Telegraph  Operators. 
8  Whitney's  Revolvers  and  Moulds. 

B.  B.  Douglass — King  William. 

50  New  Cavalry  Sabres, 
60  Belts  and  Plates, 

Captain  L.  H.  Dance — Henrico^, 

60  Virginia  Flint  Muskets, 

60  Sets  Accoutrements, 
600  Cartridges, 
700  Caps. 

Captain  W.  H.  Etheridge — Norfolk, 

60  Flint  Muskets, 
600  Cartridges, 
700  Caps, 

50  Sets  Accoutrements, 


^  [Doc.  No.  35.] 

Captain  W.  H.  Gordon — Richmond. 
90  Plates. 

Captain  Charles  B.  Tebbs — Loudoun. 

40  Sets  Accoutrements, 
250  Yards  Webbing, 
1,000  Cartridges, 
1,200  Caps. 

E.  L.  Brockett — Petersburg.] 

200  Flint  Muskets, 
1,000  Cartridges, 
2,000  Caps. 


50  Full  Sets  Accoutrements, 
290  Yards  Webbing. 

Captain  F.  W.  Cox — Tappahannock. 

35  Cartridge  Boxes, 

35  Cap  Pouches, 

600  Cartridges, 

700  Caps. 

Captain  A.  J.  Snyder — Tappahannock. 

50  Altered  Muskets, 

50  Sets  Accoutrements, 
290  Yards  Webbing, 
600  Cartridges, 
700  Caps. 

Williams,  Peters  &  Co, 

8  Colt's  Revolvers, 

4  Moulds, 

8  Screw-Drivers. 

Captain  W.  W.  Weisiger — Chesterfield, 

100  Flint  Muskets, 
1;000  Cartridges. 


[Doc.  No.  35.]  2X 

Captain  S.  S,  Williams — Wcodstock. 

60  Altered  Virginia  Rifles, 
60  Sets  Accoutrements, 
300  Yards  Webbing. 

Captain  W.  Robertson— i7o;/ze  Guard,  Richmond, 

160  Virginia  Flint  P.!iiskets, 
52  Virginia  Sabre  Blades. 

Captain  R.  S.  Archer. 
300  Flint  Muskets. 

Captain  G.  M.  W add  ill— Charles  City. 
35  Virginia  Flint  Muskets. 

Captain  Wm.  H.  DvLAiiY— Fairfax, 

65  Virginia  Flint  Muskets, 
65  Sets  Accoutrements, 
350  Yards  Webbing. 

Captain  E.  L.  Wharton— /2Mwo/jrf, 

50  Flint  Muskets, 

50  Sets  Accoutrements, 

50  Extra  Flints. 

General  D.  Ruggles — Fredericksburg, 

1,000  Virginia  Flint  Muskets, 
1,000  Extra  Flints, 
1,000  Lbs.  Lead, 
1,000  Flint  Muskets, 
1,000  Extra  Flints, 
20,000  Caps, 

2  24  Pounder  Howitzers  &  Carnages,  complete, 

2  '^       Caissons,  u 

2  Haversacks, 

2  Tube  Pouches, 

2  Port-fire  Cases, 

2  Priming  Wires, 

2  Gunner's  Gimlets, 

2  Briscoles, 

S  Powder  Flasks, 


22  [Doc.  No.  35.] 

199  Friction  Primers, 
25  Yards  Slow  Match, 
19  Port-fires, 
3  Lanyards, 
3  Fuze  Cutters, 
125  Priming  Tubes, 
96  24  Pounder  Spherical  Case, 
64    "        "       Shell, 
24    "        "      Canister. 

Captain  B.  F.  Kvdgins— Elizabeth  City. 

50  Flint  Muskets, 

50  Sets  Accoutrements, 

50  Extra  Flints. 

Colonel  George  A.  Baily— TU^  Regiment. 

50  United  States  Flint  Muskets, 
50  Sets  Accoutrements, 
50  Extra  Flints. 

Captain  R.  W.  Vooviv:— Fluvanna. 

34  Virginia  Flint  Muskets, 
34  Sets  Accoutrements, 
34  Extra  Flints. 

W.  S.  JoYi^ES—President  Richmond  ^^  Petersburg  Rail  Road. 

100  Virginia  Flint  Muskets, 
100  Extra  Flints. 

G.  T.  Pace — Mayor  of  Danville. 

100  Flint  Muskets, 
100  Extra  Flints. 

Captain  William  Coluns— Halifax. 

60  Cavalry  Sabres, 
60  Belts  and  Plates. 

Captain  Rogers — Alexandria. 

2  Brass  six-pounder  Field  Guns, 

2  Six-pounder  Carriages  complete, 

2  Thumb-stalls, 

2  Priming  Wires, 

X  Caisson  Wagon  complete. 


[Doc.  Ko.  35.]  2S 

Captain  C.  K.  Mallory— Elizabeth  City» 
12  Cavalry  Sabres  and  Belts. 

Captain  J.  Q..  Marr — Fauquier. 

30  Harper's  Ferry  Rifles, 
30  Full  Sets  Accoutrements. 

Captain  Young — Mount  Vernon  Guards. 

60  Cartridge  Boxes, 
60  Cap  Pouches, 
60  Sets  Plates, 
300  Yards  Webbing. 

Captain  Latham — Lpichburg  Artillery. 

94  New  Cavalry  Sabres, 
94  Belts  and  Plates, 

4  Sets  Artillery  Harness, 

4  Prolougcs, 

8  Thumb  Stalls, 

8  Bricoles, 

4  Tube  Pouches, 

1  Port- fire  Case, 

4  Water  Buckets, 

4  Six-pounder  Brass  Cannon. 

Captain  W.  H.  GoRBOs—Richniofid. 

25  Altered  Muskets, 

25  Full  Sets  Accoutrements, 

90  Yards  Webbing. 

Captain  H.  W.  Murray —Louisa. 
80  Bayonet  Scabbards. 

Captain  Trigg— Montgomery > 

84  Altered  muskets, 
43  Bayonet  Scabbards, 
10  Cartridge  Boxes> 
84  Sets  Plates, 
45  Yards  Webbing, 
25  Cartridge  Boxesi 


M  [Doc.  No.  35.] 

Captain  Jaimes  A.  Walker — Pulaski. 

78  Altered  Muskets, 
10  Bayonet  Scabbards, 
78  Cap  Pouches, 
20  Sets  Plates, 
90  Yards  Webbing, 
16  Cartridge  Boxes. 

Captain  R.  S.  Duke — Albemarle  County. 

70  Bayonet  Scabbards, 
10  Cap  Pouches. 

Captain  A.  G.  Pendleton — Smythe. 

14  Altered  Muskets, 
14  Bayonet  Scabbards, 
14  Cap  Pouches, 
14  Sets  Plates, 
90  Yards  Webbing. 

Messfs.  Phlegar — Hainmett  and  Taylor. 

84  Fhnt  Muskets, 
100  FUnts. 

Captain  P.  R.  Page — Gloucester. 

6  Original  Percussion  Muskets> 

5  Cap  Pouches, 

6  Cartridge  Boxes  and  Belts, 
6  Bayonet  Scabbards, 

5  Sets  Plates  and  Belts, 

Captain  Lay — Poichatan. 

5  Cavahy  Sabres  and  Belts, 

9  Adams'  Pistols  and  Holsters, 
61  Cap  Pouches, 
1  Pair  Holsters. 

Officers  Virginia  Navy. 

6  Whitney's  Revolvers  and  Holsters, 
6  Waist  Belts  and  Holsters. 


34 


[Doc.  No.  35.]  25 

Captain  J.  F.  Kent— Wi/ihe, 

12  Altered  Muskets, 
12  Cartridge  Boxes, 
12  Bayonet  Scabbards, 
12  Cap  Pouches, 
14  Sets  Plates, 
90  Yards  Webbing. 

Captain  J.  W.  Atkinson— ^ennco. 

33  Altered  Muskets, 
33  Cap  Boxes, 
33  Bayonet  Scabbards, 
33  Cartridge  Boxes, 
S'S  Sets  Plates, 
ISO  Yards  Webbing. 

Colonel  Wm.  G.  Pollard— /ja«o-  William. 

50  Flint  Muskets, 
50  Cartridge  Boxes, 
50  Bayonet  Scabbards, 
50  Sets  Plates, 
288  Yards  Webbing, 

Captain  Boykin —  Western  Virginia, 

200  English  Flint  Muskets, 
200  Extra  Flints. 

Colonel  John  McCausland— Pw^/iawi  County. 

500  English  Flint  Muskets, 
500  Extra  Flints, 
4  Six-pounder  Iron  Guns, 
8  Axle  Boxes  for  do. 
66  Six-pounder  Shot, 
42  Six-pounder  Spherical  Case,  * 

14  Six-pounder  Canister, 
10,000  Cartridges. 

Captain  John  Fife — Putnam, 
50  Altered  Muskets, 
50  Cartridge  Boxes, 
50  Bayonet  Scabbards, 
50  Cap  Pouches, 
50  Sets  Plates, 
280  Yards  Webbing. 


26  [Doc.  No.  S5.] 

S.  C,  Robinson — Richmond. 
750  Flint  MusketS;  (to  be  altered  to  percussion.) 

Captain  Peyton — Richmond. 
4  Six-pounder  Iron  Cannon. 

Colonel  O.  S.  Taylor — Alexatidria. 
200  Flint  MusketS;  with  extra  flints. 

Captain  S.  H.  Letcher — Harper'' s  Ferry. 

80  Cartridge  Boxes, 
80  Cap  Pouches, 
25  Waist  Plates, 
90  Yards  Webbing. 

Captain  F.  C.  Ciioate — Ports7nouth. 

25  Altered  Muskets, 
25  Cartridge  Boxes, 
25  Bayonet  Scabbards, 
25  Cap  Pouches, 
25  Sets  Plates, 
ISO  Yards  Webbing. 

Captain  E.  S.  Blamire — Portsmouth. 

80  Flint  Muskets, 
SO  Bayonet  Scabbards, 
SO  Sets  Plates, 
360  Yards  Webbing, 
SO  Cartridge  Boxes. 

*  Steamer  Yorktown. 

30  Flint  Muskets, 
30  Old  Sabres. 

Captain  S.  S.  Weisiger — Amelia.-    • 

6  New  Sabres, 

6  Belts  and  Plates, 

20  Adams'  Revolvers,  * 

20  Holsters, 

7  Extra  Waist  Plates. 


[Doc.  No.  35.]  2T 

Captain  J.  R.  Tucker — Richmond. 
2  Eight-inch  Guns,  (Navy  Department.) 

Captain  W.  F.  Lynch — Potomac  River. 
2  Eight-inch  Guns,  (Navy  Department.) 

Captain  P.  N.  Hale — Grayson. 

80  Harper's  Ferry  Rifles  with  sword  Bayonets, 

SO  Cartridge  Boxes, 
100  Bayonet  Scabbards, 
100  Cap  Pouches, 
100  Waist  Belts  and  Frogs, 
100  Waist  Plates, 

90  Yards  Webbing, 

10  Harper's  Ferry  Rifles, 

10  Cartridge  Boxes, 
Webbing. 

Mr.  Pannell — Petersburg. 

20  Cavalry  Sabres  and  Belts, 
20  Cavalry  Pistols. 

Colonel  C.  E.  Tompkins — Kanawha. 

400  Pounds  Lead, 

40  Harper's  Ferry  Rifles, 

40  Cap  Pouches, 

80  Hall's  Carbines, 

80  Carbine  Slings, 

120  Waist  Plates, 

SO  Cartridge  Boxes, 

120  Powder  Flasks, 

90  Pouches  and  Belts, 

400  Flints, 

5  Whitney's  Revolvers, 

10  Harper's  Ferry  Rifles, 

30  Altered  Rifles, 

70  United  States  Flint  Rifles, 

100  Extra  Flints. 

Captain  J.  W.  Cook — Bellfield, 
4  Six-Pounder  Iron  Guns. 


28  [Doc.  No.  35.] 

James  D.  Brown. 
4  Boxes  Muskets— 80. 

Captain  Spencer — Charlotte  Court-Hoiise. 

16  Cartridge  Boxes, 

68  Cap  Pouches, 

68  Belts  and  Frogs  for  Sword- Bayonets, 

16  Plates. 

Captain  W.  P.  Wilson — Norfolk. 

30  United  States  Cavalry  Sabres, 
30  United  States  Belts  and  Plates. 


General  Johnston. 

3  Whitney's  Pistols, 
3  Bullet  Moulds, 
3  Holsters. 

Captain  F.  J.  Boggs — RicJunond. 
63  Original  Percussion  Muskets. 

Captain  Henry  D.  Dickinson — Old  Dominion  Guard. 

21  Original  Percussion  Muskets, 

2  Cartridge  Boxes, 
51  Cap  Pouches, 
51  Bayonet  Scabbards, 
90  Yards  Webbing. 

Dr.  R.  L.  Nicholson — Middlesex. 
100  Flint  Muskets,  with  extra  flints. 

David  Edmondson, . 


1  Altered  Musket, 
1  Cartridge  Box, 
1  Cap  Pouch, 

3  Bayonet  Scabbards, 
6  Wipers, 

6  Breast  Plates, 
12  Screw- Drivers, 

4  W^aist  Plates. 


[Doc.  No.  35.]  29 

Camp  Hermitage — Colonel  Gilham. 

40  Harper's  Ferry  Rifles, 

101  Original  Percussion  Muskets, 

774  Altered  Percussion  Muskets, 

274  Flint  Muskets, 
10,000  Musket  Cartridges, 
3,000  Rifle  Cartridges, 

500  Percussion  Muskets, 

600  Bayonet  Scabbards, 

250  Cartridge  Boxes, 
1,000   Yards  Webbing, 

375  Cartridge  Boxes, 

400  Cap  Pouches. 

Camp  Ashland — Colonel  Ewell. 

31  Harper's  Ferry  Rifles, 
108  Original  Percussion  Muskets, 
33,000  Musket  and  Rifle  Cartridges. 

Cam,p  Mercer — Colonel  D.  Ruggles. 

2,000  Flint  Muskets, 
38,000  Musket  and  Rifle  Cartridges, 
500  Cartridge  Boxes, 
1,000  Percussion  Muskets, 
20,000  Caps, 
20,000  Cartridges, 

300  Pounds  Blasting  Powder, 
400  Pounds  Cannon  Powder, 
800  Pounds  Lead, 

4  Six-pounder  Brass  Guns, 

4  Six-pounder  Gun  Carriages, 

8  Sponges  and  Rammers, 

8  Hand  Spikes, 

4  Lint  Stocks, 

4  Port-fire  Stocks, 

4  Gunner's  Gimblets, 

4  Haversacks, 

4  Priming  Wires, 

4  Port-fire  Cases, 

4  Thumb  Stalls, 

4  Tube  Pouches, 

6  Water  Buckets, 

4  Sponge  Buckets, 

6  Tar  Buckets, 


80  [Doc.  No.  35.] 

4  Caissons, 

56  Fixed  Shot, 

14  Canister, 

42  Spherical  Cases. 

Alexandria — Colonel  P.  St.  Geo.  Cocke. 

4  Rifle  Cannon,  complete, 
3,200  Flint  Muskets, 
400  Rounds  for  Rifled  Cannon, 
120  Rounds  for  Six-pounder  Cannon, 
92,600  Musket  and  Rifle  Catridges, 
500  Orig.  Percussion  Muskets,^ 

on  ^c^.^.  Y}'''\\^^^  Muskets,  Iculpeper,  C.  H., 

20,000  Cartridges,  ( 

11,000  Caps.  J 

Lynchburg — Colonel  D.  H.  Langhorne. 
200  FUnt  Muskets, 

To  Mayor  of  Danville. 
100  Flint  Muskets. 

To  Mayor  of  Petersburg. 
200  Fhnt  Muskets. 

Fort  Powhatan— Colonel  John  R.  Wilson. 

350  Flint  Muskets, 
18,000  Musket  Cartridges. 

Williamsburg— Colonel  B.  S.  Ewell. 

250  Flint  Muskets, 
8,000  Musket  Cartridges, 

400  Original  Percussion  Muskets, 
5,000  Rounds  Ammunition. 

A'b;/oZ^— Colonel  Walter  Gwynn. 

4  Rifle  Cannon,  complete, 
100  Harper's  Ferry  Rifles  with  sword  Bayonets, 
1,000  Altered  Muskets, 
1,530  Flint  Muskets, 
30  Cavalry  SabreS; 


[Doc.  No.  35.]  31 

200  Rounds  for  Rifled  Cannon, 
77,000  Musket  and  Rifle  Cartridges, 

600  Cap  Pouches, 
1,000  Waist  Belts, 

660  Breast  Belts, 
4,000  Yards  Webbing. 

Camp  Jefferson,  Charlottesville — Colonel  Wm.  H.  Fry. 

74  Altered  Muskets, 
5,000  Musket  Cartridges. 

Staujiton — M.  J.  Harman. 

100  Virginia  Altered  Percussion  Rifles, 
600  Altered  Percussion  Muskets, 
6,000  Musket  Cartridges. 

Lceshurg — General  Eppa  Hunton. 

320  Original  Percussion  Muskets, 
10,000  Musket  Cartridges, 

80  Original  Percussion  Muskets, 
3,000  Cartridges, 
3,300  Caps, 

1  Keg  of  Powder. 

Washington  County  Volunteers — Colonel  W.  E,  JoH^:so]V. 

500  Altered  Percussion  Muskets, 
5,000  Musket  Cartridges. 

Harper'' s  Ferry — Colonel  Jackson. 

2,000  Altered  Percussion  Muskets, 

2  T^velve-pounder  Field  Howitzers,")  g^^^^^^ 
6  Six  pounder  Guns,  3        '   ' 

210  Rounds  for  Howitzer, 
620  Rounds  for  Six  pounder, 
78,000  Musket  and  Rifle  Cartridges. 

Western  Virginia — Colonel  Boykin. 
200  Flint  Muskets. 

Kanawha  Valley— ColowaX  C.  Q.  Tompkins,  Commanding. 

50  Harper's  Ferry  Rifles, 
30  Altered  Percussion  Rifles, 


32  [Doc.  No.  35.] 

70  Flint  Rifles, 
80  Hall's  Carbines, 
500  Flint  Muskets, 

5  Whitney's  Revolvers, 
50  Altered  Percussion  Muskets, 
4  Six-pounder  Iron  Cannon,  (without  carriage 
or  implements,) 
10,000  Musket  and  Rifle  Cartridi^es, 

110  Rounds  Fixed.  Ammunition  for  Six-pounders. 

W.  S.  JoYNES — President  Petersburg  Rail  Road. 
100  Flint  Muskets. 

Captain  W.  Collins — Halifax  Court  House, 
60  Cavalry  Sabres  and  Belts. 

Captain  Rogers — Alexandria. 

2  Sixpounder  Brass  Guns,  complete, 
1   Caisson  Wagon. 

Captain  Latham — Lynchburg  Artillery. 

94  Cavalry  Sabres  and  Belts, 

4  Water  Buckets, 

8  Tar  Buckets, 

1   Priming  Wire, 
225  Six-pounder  Shot, 
180  Ditto  Spherical  Case, 
45  Canister, 
630  Friction  Tubes, 

4  Lanyards, 
18  Yards  Slow  Match, 
27  Port-fires, 

4  Fuze  Cutters, 

4  Caissons, 

4  Sets  Artillery  Harness,  complete^ 

4  Saddles, 

4  Bridles, 

4  Sponge  Buckets, 

4  Tin  Buckets. 

Captain  Trigg — Montgotnei-y  County. 
84  Altered  Muskets  and  Equipments. 


35 


[Doc.  No.  35.]  33 

Captain  James  A.  Walker — Pulaski  County. 
78  Altered  Muskets  and  Equipments. 

Captain  J.  S.  Langhorne — Lynchburg. 
40  Cavalry  Sabres  and  Belts. 

Captain  J.  W.  Atkinson — Henrico  County. 
83  Altered  muskets  and  Equipments, 

Colonel  Charles  Smith — Northampton. 

4  Iron  Six-poiinder  Field  Guns,  (with  carriages 
and  implements  complete,) 
100  Rounds  Fixed  Ammunition. 

B.  B.  Douglas — King  William  County. 
50  Cavalry  Sabres. 

Captain  A.  J.  Sydnor — Tappahan7iock. 

50  Altered  Muskets, 
600  Cartridges  and  Caps. 

Captain  W.  VV.  Weisiger — Manchester, 
100  Flint  Muskets. 

Captain  S.  S.Williams — Woodstock. 
60  Virginia  Altered  Rifles. 

Home  Guard — Richmond. 
160  Flint  Muskets. 

Captain  R.  S.  Archer — Richmond. 
300  Flint  Muskets. 

* 

Captain  E.  L.  Wharton — Richmond  County. 

50  Flint  Muskets, 
1,000  Cartridges. 


34  [Doc.  No.  35.] 

Captain  P.  N.  Hale — Grayson   County. 

90  Harper's  Ferry  Rifles,  witliS  word  Bayonets  and 
Equipments, 
3;500  Cartridges  and  Caps. 

J.  W.  Cook— Bellfield. 
4  Six-pounder  Iron  Guns,  to  he  mounted. 

Captain  F.  J.  Boggs — Richmond. 
03  Original  Percussion  Muskets  and  Equipments. 

Colonel  W.  T.  Jones — Gloucester  County. 

60  Flint  Muskets, 

20  Original  Percussion  Muskets  and  Equipments. 
7,800  Cartridges  and  Caps. 

Captain  Latham — Lynchburg  Artillery. 

A  Six-poundcr  Brass  Guns,  complete, 

4  Sets  Artillery  Harness, 
200  Rounds  JSix-pounder  Guns. 

Captain  Kemper — Culpeper  Court  House. 

5  Sets  Artillery  Harness, 
2  Prolouges, 

4  Haversacks, 
8  Bricoles, 
4  Tube  Pouches, 
4  Priming  Wires, 
4  Thumb  Stalls, 
200  Rounds  Fixed  Ammunition. 

Colonel  W.  G.  Pollxkd— King-   William  County. 
50  Flint  Muskets  and  Equipments. 

Captain  Peyton — Bich?nond. 
4  Six-poundei-Brass  Guns,  to  be  mounted. 

T.  C.  Jordan— Bedford  Comity. 

4  Six-pounder  Iron  Guns,  to  be  mounted. 


[Doc.  jSTo.  35.]  35 

L.  S.  Marye — Rich?no7id. 
4  Six- pounder  Brass  Guns,  to  be  mounted. 

Captain  H.  C.  Cabell — Richmond. 

4  Caisson  Wagons, 
8  Sets  Artillery  Harness, 
220  Rounds  Fixed  Ammunition. 

To  Steamer  Yorktown. 

30  Flint  Muskets, 
30  Old  Swords, 
1;000  Cartridges. 

Captain  S.  S.  Weisiger — Amelia  Court  House. 

6  Cavalry  Sabres  and  Belts, 
20  Revolvers  and  Holsters. 

Captain  Henry  D.  Dickinsox. 

51   Original  Percussion  Muskets  and  Equipments. 
2,600  Cartridges  and  Caps. 

Dr.  R.  L.  Nicholson — Middlesex:  Coufiti/. 

100  Flint  Muskets, 
6,000  Cartridges. 

Captain  T.  P.  Mathews — Richmond. 

69  Flint  Muskets, 
2,000  Cartridges. 

Captain  W.  H.  Biggs — Jamestown. 

30  Original  Percussion  Muskets, 
1,000  Cartridges  for  Muskets. 

Major  W.  W.  Townes — Petersburg,  Va. 
10  Original  Percussion  Muskets. 

Captain  Garnet^t —  Westmoreland  County j  Va. 
64  Cavalry  Sabres  and  Belts. 


36  [Doc.  No.  35.] 

John  M.  Gibbs,  Esq. 
10  Pounds  Cannon  Powder. 

Captain  A.  Lybrook — Richmond, 

74  Harper's  Ferry  Rifles,  with  Sword  Bayonets, 
74  Waist  Belts. 

Captain  Tabb — York  Rive?',  Va. 
32  Hall's  Carbines. 

Colonel  Terrett — Alexandria. 

1  Keg  Blasting  Powder, 
30')  Altered  Percussion  Muskets, 
21,000  Cartridges  for  Muskets. 

Colonel  J.  E.  B.  Stuart — Harper'' s  Ferry,   Va. 

10  Swords, 
7,600  Cartridges. 

Colonel  J.  A.  Early — Lynchburg,  Va. 

1,000  Original  Percussion  Muskets, 
1,000  Altered  ''  " 

1,000  Flint-lock  " 

60,000  Cartridges  for  " 

Lieut.  Col.  John  McCausland — Charlesto?i,  Kanawha,  Va. 

4  Sets  Harness, 
5,000  Cartridges. 

Colonel  D.  H.  Hill — N.  C.  Volunteers,  Richmond. 

22,000  Cartridges, 

26  Wipers  and  Screw-Drivers, 

3  BajT-onets, 

11,500  Cartridges. 

Colonel  Tom.  P.  August — Richmond, 

685  Yards  Webbing, 
25  Altered  Percussion  Muskets, 

3  Ball  Screws, 
25  Screw-Drivers, 
25  Wipers, 
20,400  Percussion  Musket  Cartridges, 
7;440  Rifle  Cartridges. 


[Doc.  No.  35.]  37 

Captain  Shields — Howitzer  Battery, 

8  Priming  Wires, 

4  Lint  Stocks, 

4  Port-fire  Stocks, 

2  Port- fire  Cases, 

4  Sponges  and  Rammers, 

4  Handspikes, 

1  Tar  Bucket, 

4  Sponge  Bnckets, 

1  Prolouge, 

8  Gunner's  Gimlets, 

2  Tube  Pouches. 

Captain  J.  C.  Harwood — Jamestown^  Va, 

12  Altered  Percussion  Muskets, 

90  Yards  Webbing, 

12  Bayonet  Scabbards, 

1,000  Musket  Cartridges. 

Colonel  E.  K.  Smith — Mississippi  Volunteers,  RicJwiond. 

11  Harper's  Ferry  Rifles, 
2  Altered  Percussion  Muskets. 

Colonel  S.  Garland — Manassas  Junction,  Fa. 

2  Kegs  Cannon  Powder, 
4,600  Rifle  Cartridges, 
2,000  Pistol  Cartridges. 

Colonel  DeRussy — Yorktown,  Va. 

15,000  Musket  Cartridges, 
5,000  Rifle  Cartridges. 

General  Bonham,  S.  Carolina  Volunteers — Manassas  June.  Va. 

400  Original  Percussion  Muskets, 
16,000  Cartridges  for  Muskets, 
15,000  Cartridges  Cal.  69. 

Colonel  Wm.  B.  Bate— O/rfFmr  Gi^ounds,  Richmond. 

40  Rifle  Muskets, 
1,600  Cartridges  for  ditto. 


[Doc.  No.  35.] 

Captain  Hays — Bloorcfield,  Hardy  County. 

109  Virginia  Rifles, 
1  Keg  Powder, 
4  Bars  Lead. 

Captain  Wm.  J.  Hoke — YorktoiDn,  Va. 
11,420  Rifle  and  Musket  Cartridges. 

Captain  L.  L.  Lomax,  for  Colonel  Chilton — Ashland. 

30  Cavalry  Sabres, 

52  Sabre  Belts  and  Plates, 

47  Artillery  Sabres, 

67  Artillery  Belts  and  Plates, 

93  Sharp's  Rifles, 

46  Cavalry  Musketoons, 

72  Cavalry  Revolvers,  fextra  stocks,) 

43  Navy  Revolvers  (Adams',) 

20  Cavalry  Flint  Pistols, 
10,000  Cavalry  Pistol  Cartridges, 
10,550  Musketoon  and  Rifle  Cartridges. 

Lieut.  Henderson — Richmond. 
250  Cartridges. 

Colonel  W.  E.  Jones — Abingdon,  Va. 

2,500  Cartridges, 

2,500  Cartridges, 

113  Cavalry  Sabres, 

113  Cavalry  Belts, 

50  Waist  Plates, 

120  Flint  Pistols, 

300  Extra  Flints, 

46  Pair  Saddle  Holsters. 

Colonel  P.  T,  Moore — Richmond. 
18,600  Cartridges. 

Major  Randolph — Howitzer  Battery,  Richmond. 
24  Canister,  (Navy  Howitzer,) 
120  Spherical  Case  do. 

70  Shell  do. 

270  Friction  Tubes, 
145  Rifled  Howitzer  Shot  (fixed,) 
165  Friction  Tubes, 
8  Sets  Artillery  Harness  (complete.) 


[Doc.  No.  35.]  39 

Captain  Browx — Of  Howitzer  Baiterij. 

112  Shell, 

145  Friction  Tubes, 

1  Six-pounder  Iron  Gun,  (Rifle,) 

1  Caisson  for  same, 

2  Sets  Artillery  Harness,  (complete,) 

3  Wagon  Caissons  for  Navy  Howitzer, 

112  Rounds   Six-pounder  Ammunition  for  Iron 

Rifle, 
145  Rounds  Six-pounder  Ammunition  for  Brass 

Ride, 
120  Rounds    Twelve-pounder    Ammunition    for 
Navy  Howitzer,  (Spherical  Case,) 
70  Rounds    Tweh^e-pounder    Ammunition    for 

Navy  Howitzer,  (Shell,) 
24  Rounds    Twelve-pounder    Ammunition    for 
,  Navy  Howitzer,  (Canister,) 

115  Charges  Powder  Six-pounder  Rifle  Gun,  Iron, 
145  Charges  Powder  Six-pounder  Rifle  Gun,  Brass, 
5S0  Friction  Primers, 
32  Yards  Slow  Match, 
20  Port-fires, 
2  Sponges  and  Rammers,  Iron  Rifle  Guns  and 

Covers, 
2  Handspikes, 
2  Haversacks, 
2  Tube  Pouches, 

1  Vent  Punch, 

2  Thumb  Stalls, 

1  Priming  Wire, 

2  Lanyards, 

1  Worm  and  Staff, 
1  Sponge  Bucket, 
1  Prolongc, 

1  Tar  Bucket, 

2  Water  Buckets, 

1  Gunner's  Pincers, 
1  Tow  Hook, 
1  Pendulum  Hausse, 
1  Gunner's  Gimlet, 
1  Fuze  Gauge, 
20  Halters, 
G  Saddles, 

Colonel  Williams — North  Carolina   Volunteers, 
35j0U0  Cartrid^^es. 


[Doc.  No.  35.]  40 

Captain  W.  T.  Taliaferro. 
1,000  Cartridges. 

Major  Cabell — Confederate  States  Army. 
11;000  Cartridges. 

Captain  R.  A.  Tompkins — Richmond  Sharp  Shooters. 

39  Harper's  Ferry  Rifles  with  Sword  Bayonets, 

36  Harper's  Ferry  Kifles  without  Sword  Bayonets^ 

75  Leather  Waist  Belts, 

75  Waist  Plates, 

75  Cartridge  Boxes, 

75  Cap  Pouches, 

39  Sword  Scabbards, 

39  Sword  Frogs. 

Captain  Frederick  J.  Boggs — Richmond. 

15  Original  Percussion  Muskets, 
90  Yards  Webbing. 

Lieutenant  Croswell — Accomac  County. 

50  Virginia  Flint  Muskets^ 
75  Extra  Flints. 

General  William  H.  Richardson. 

1  Original  Percussion  Musket, 

1  Cartridge  Box, 

1  Cap  Pouch, 

1  Waist  Belt  and  Plate. 

S.  H.  DeBow — Richmond. 
30  Sheets  of  Copper, 

Colonel  J.  B.  Magruder — Yorktown,   Virgin^. 

2  Twelve  Pounder  Brass  Guns, 
2  Twelve  Pounder  Carriages, 

2  Twelve  Pounder  Caissons, 


[Doc.  No.  35.] 


41 


4  Sponges  and  RammerS; 

4  Handspikes, 

2  Linstocks, 

2  Port-fire  Stocks, 

2  Thnmb-stalls, 

2  Priming  Wires, 

2  Gunner's  Gimlets, 

2  Haversacks, 

2  Port-fire  Stocks, 

2  Tube  Pouches, 

2  Water  Buckets, 

2  Sponge  Buckets, 

2  Tar  Buckets, 


Called  for  but  not 
issued. 


Captain  R.   C.  Stanard — RandolpJi's  Howitzers — Richmond. 

1  Rifle  Parrot  Gun, 

1  Carriage  complete, 

2  Sets  Four  Horse  Harness  complete 
2  Sponges  and  Rammers, 

2  Handspikes, 

1  Lint  Stock, 

1  Port- fire  Stock, 

1  Port-fire  Case, 

1  Prologue, 

1  Haversack, 

1  Tube  Pouch, 

1  Thumb-stall, 

1  Gunner's  Gimlet, 

1  Priming  Wire, 

2  Water  Buckets, 
1  Sponge  Bucket, 
1  Tar  Bucket, 

1  Caisson  complete. 
100  Rounds  Fixed  Ammunition. 


Captain  Shumaker — RicJunond. 

4  Six-pounder  Brass  Guns,  "| 

4  Six  pounder  Carriages  (complete,)  j 
8  Sponges  and  Rammers, 


8  Sponge  Covers. 

8  TraifHand  Spikes, 

4  Lint  Stocks, 

2  Worms  and  Staves, 

4  Port-Fire  Stocks, 

4  Leather  Water  Buckets, 


Called  for 
>but  not  is- 
j  sued. 


42  [Doc.  No.  35.] 

4  Sponge  Buckets, 

2  Tar  Buckets,  (.^U^^  ^^^ 

4  Prologues  K  ^^^  ^^^^  i^. 

4  Gunner  s  Gunlets,  j        j 

4  Priming  Wires,  I 

4  Thumb  Stalls.  J 

J.  R.  Anderson  &  Co. 
20  Flint  Muskets. 

General  Bonham — Manassas  Junction. 

15,000  Cartridges, 
10,000  Caps. 

Colonel  GilhaM— Cawjo  Lee. 
10,000  Cartridges. 

Captain  John  T.  Ellis — Charlottesville, 

77  Flint  Muskets, 
2,500  Cartridges. 

Captain  John  A  Re  a — Charlottesville. 

60  Flint  Lock  Muskets, 
2,000  Cartridges. 

Captain  Bennett  Taylor — Charlottesville. 

60  Flint  Muskets, 
2,000  Cartridges, 

11  Flint  Muskets, 
70  Cartridge  Boxes. 

Colonel  Magruder — Yorktown. 

48  Rounds  Army  Howitzer  Spherical  Caisey 

36  Rounds  Army  Howitzer  Shell, 

12  Rounds  Army  Howitzer  Shot, 
56  Six- pounder  Shot. 
42  Six-pounder  Spherical  Case, 

14  Six-pounder  Canister. 

Captain  William  H.  Early— jB/ac^  Walnut  Dragoons. 

15  Sabres, 
15  Pistols. 


[Doc.  No.  35.]  43 

Captaia  Jones. 
4  Sabres, 

Captain  Pemberton — Norfolk. 

350  Six-pounder  Shot, 

196  Sixpounder  Spherical  Case, 

56  Six-poiinder  Canister, 

50  Shell  Fuzed  and  Filled. 


Captain  Leftwich — Richmond, 

21  United  States  Rifles, 

270  Yards  Webbing, 

16  Cartridge  Boxes, 

16  Waist  Belts. 


Captain  J.  W.  Puller — Gloucester  Point. 
1,000  Pistol  Cartridges. 

Colonel  Taliaferro — Gloucester  Point. 

250  Waist  Belts, 
9,000  Cartridges. 

General  Johnson — Harper^s  Ferry. 
100,000  Cartridges. 

• 

Captain  R.  T.  Ellett — West  Point. 

66  Flint  Muskets, 
1,000  Cartridges, 

Captain  Hood — Ivy  Station^  N.  ^*  P.  R.  R. 

100  Flint  Muskets, 
4,000  Cartridges, 

Captain  Cunningham — Aquia  Creeks 

2,000  Cartridges, 
2,400  Caps, 


44  [Doo.  No.  35.] 

Captain  C.  S.  SMiTR^Yor/ciown. 

182  Six-pounder  Shot, 
98  Six-pounder  Spherical  Case, 
20  Six-pounder  Canister, 
56  Twelve-pounder  Spherical  Case, 
30  Twelve-pounder  Shell, 
480  Friction  Primers, 
4  Powder  Flasks, 
6  Yards  Slow  Match, 
30  Port-fi.res. 

Captain  Stanard — Richmond. 
2  Barrels  Powder. 

Captain  Minor— A^ary  Department 

15  Barrels  Cannon  Powder, 
20      ^'  "  " 

30      "  "  '' 

30      "  "'  " 

Mr.  Van  FEhi-^Petersburg. 

1  Caisson, 

1  Box  Wagon  Harness. 

Captain  Schafper — Manassas  Junction, 

60  Flint  Muskets, 

3  Artillery  Sabres, 
60  Cartri^lge  Boxes, 
60  Baynot^Scabbards, 
360  Yards  Webbing, 
60  Breast  Plates, 
60  Waist  Plates. 

General  Lee  and  Staff. 
10  Whitney's  Revolvers. 

Captain  W.  Adams — Richmond, 

9  Sabres, 
9  Pair  Pistols, 
9  Holsters, 
360  United  States  Cartridges. 


[Doc.  No.  35.]  45. 

Major  Chilton — Ashland. 
2,000  Pistol  Cartridges. 

Captain  VV.  R.  Aylett —  West  Point. 

60  Flints, 

]5  Muskets  Complete, 

15  Cartridge  Boxes  and  Belts, 

15  Bayonet  Scabbards  and  Belts, 

15  Waist  Belts, 

60  Waist  and  Breast  Plates, 

2,500  Cartridges. 

Colonel  August — Yorktown. 

• 

250  Cartridge  Boxes, 

250  Cap  Pouches, 

250  Waist  Plates, 
1,300  Yards  Webbing, 
1,500  Percussion  Musket  Cartridges, 
1,840  Minnie  Musket  Cartridges, 
2,400  Enfield  Musket  Cartridges, 
3,200  Harper's  Ferry  Rifle  Cartridges. 

Major  M.  G.  Harman — Staunton. 

60  Double  Barreled  Shot  Guns,j 
5,000  Caps, 
10,000  Flint  Cartridges, 

2  Kegs  Rifle  Powder, 
10,000  Musket  Caps. 

A.  B.  Evans — Urbanna. 

2  Iron  Six-pounder  Cannon,  not  mounted, 
Equipments,  and  56  Rounds  Ammunition. 

Captain  Fletcher — Accomac. 

60  Flint  Muskets, 
1,000  Cartridges, 
50  Flints. 

Captain  Rice. 

4  Brass  Guns  and  Carriages,  complete. 
400  Rounds  Ammunition  and  Equipments, 


46  [Doo.  No.  35.] 

Captain  Geddy — James  City  Cavalry, 

50  Pair  Flint  Pistols, 
100  Extra  Flints, 
50  Cavalry  Sabres,  complete, 
4  Pair  Holsters, 
2  Pair  Moulds, 
80,000  Pistol  Cartridges. 

Major  Randolph — Richmond. 

2  Spare  Poles. 

Major  Cabell — Richmond. 
75,000  Cartridges. 

n 

Colonel  D.  H.  Hill — Yorktown. 

6,000  Ball  Cartridges. 

Colonel  William  Gilham — Richmond,  Virginia. 

2,000  Pistol  Cartridges, 
2,500  Caps, 

18  Flint  Pistols, 

9  Holsters, 

9  Belts  and  Plates. 

Colonel  Preston". 

1,000  Pounds  Lead, 

6  Bundles  Cartridge  Paper. 

George  E.  Croswell. 

50  Double  Barrell  Guns, 
5,000  Caps. 

Hon.  William  Smith — Warrenton,  Virginia, 
1,500  Cartridges. 

General  Kirkpatric, 

10,000  Musket  Caps, 
1,000  Flints. 

Captain  Salmon — Harper^s  Ferry, 
50  Cartridge  Boxes, 
3;200  Cartridges. 


[Doc.  No.  35.]  47 

Colonel  J.  F.  Thomas. 

250  Sets  Belts, 

250  Belt  Plates, 

250  Cartridge  Boxes, 
6,000  Cartridges, 
5,500  Caps. 

Colonel  Doles. 

ICO  Cartridges, 
30,000  Cartridges  and  Caps, 
1,000  Yards  Webbing. 

Captain  Bennett — IIarper''s  Ferry. 

50  Belt  Plates, 

50  Cartridge  Boxes, 

3,700  Cartridges, 

250  Yards  Webbing. 

General  Benjamin  Hugeh — Norfolk. 

15,0n0  Musket  Caps, 
25,000  Musket  Caps. 

Captain  Wm.  H.  Buiggs — Jamestown. 

78  Cartridge  Boxes, 
78  Belts, 
2,000  En  field  Cartridges, 
1,000  Musket  Cartridges. 

Colonel  J.  Gi  Hodges — Jd^nestown  Island. 

1,500  Musket  Cartridges, 

1,500  Harper's  Ferry  Rifle  Cartridges. 

Captain  Lybrock — Richmond. 

12  United  States  Percussion  Rifles, 

12  Plates, 

12  Yards  Webbings 

12  Cartridge  Boxes, 

12  Cap  Pouches. 

Captain  Carter — Rectortowui 

70  Cartridge  Boxes, 
350  Yards  Webbing. 


48  [Boc.  No.  35.] 

Captain  J.  M.  Macon — Richmond. 

90  Cartridge  Boxes, 
90  Plates, 
450  Yards  Webbing. 

JMajor  GoRGAs — Ordnance  Department* 

15,000  Musket  Cartridges  and  Caps, 
4,000  Cartridges,  (Cal.  58) 
1,000  Flint  Muskets. 

Major  Chilton. 

61  Sabres  and  Belts, 
11  Flint  Pistols. 

Captain  J.  V.  ^coTT—Zuni  Station  N.  4'  -P.  i?.  S. 

8G  Cartridge  Boxes, 
600  Yards  Webbing. 

Colonel  Moore — Richmond. 
200  Cartridge  Boxes. 

Colonel  Cocke — Alexandria. 

400  Cartridge  Boxes, 
25,000  Flint  Cartridges, 
10,000  Caps. 

Captain  Shumaker — Richmond. 

1  Six-pounder  Rifle  Gun,  Burton's  pattern,  and 

Carriage  complete, 
3  Six-pounder  Brass  Field  Guns,  and  carriages 

complete, 
4  Six- pounder  Caissons,  complete, 
294  Rounds  Six- pounder  Shot  Fixed, 
234  Rounds  Six-pounder  Spherical  Case  Fixed, 
50  Rounds  Six  pounder  Canister, 
4  Powder  Flasks, 

4  Sets  Artillery  Harness, 
200  Rounds  Rifle  Piece, 

40  Halters, 

5  Artillery  Sabres, 
4  Prolouges, 

4  Haversacks, 


7 


[Doc.  No.  35.]  49 

8  Tube  Pouches, 

4  Port- fires, 

5  Thumb  Stalls, 
4  Priming  Wires, 

4  Gunner's?  Gimlets, 
630  Friction  Primers, 
42  Port- fires,  • 

50  Yards  Slow  Match, 

4  Fuze  Cutters, 
200  Priming  Tubes, 

5  Lanyards. 

Captain  H.  A.  Herbert— Greenville  Guard. 

10  Screw  Drivers, 
45  Worms. 

Colonel  James  F.  Fag AN—Fixdericksburg. 
20,000  Percussion  Caps. 

Colonel  Wm.  B.  Bate— Camp  Jackso?i. 
25,000  Percussion  Caps. 

Lieutenant  Jones — Jamestown. 

2  Twelve-pounder  Iron  Guns,  without  carriages, 
4  Sponges  and  Rammers, 

2  Haversacks, 

18  Boxes  Six-pounder  Shot,  fixed, 

12  Boxes  Six- pounder  Spherical  Case,  fixed, 

3  Boxes  Six-pounder  Canister,  fixed . 
300  Friction  Primers, 

3  Lanyards, 

66  Yards  Slow  Match, 
•    32  Port- fires, 
2  Powder  Flasks, 
2  Port-fire  Cases, 
2  Thumb  Stalls, 

4  Priming  Wires. 

4  Gunner's  Gimlets, 
2  Fuze  Cutters. 

General  Henry  A.  WisE—Eickmo?id, 

2,000  Flint  Muskets, 
1  Box  Flints, 
60,000  Cartridges, 


60  [Doc.  No.  35.] 

10  Bags  Buckshot, 

2  Six-pounder  Brass  Guns  and  CarriageS;Complete, 

2  Six- pounder  Caissons,  complete^ 

2  Haversacks, 

2  Port-fire  Cases, 

2  Tube  Pouches, 

4  Thumb  Stalls, 

2  Priming  Wires, 

2  Gunner's  Gimlets, 

2  Prolouges, 
8  Bricoles, 

1 4  Boxes  Fixed  Six-pounder  Shot, 

11  "        "  *'  Spherical  Case, 

3  ''        "^  "  Canister; 

4  Lanyards, 

2  Fuze  Cutters, 
28  Yards  Slow  Match, 
28  I^rt-fires, 

2  Powder  Flasks. 


Governor  Floyd. 
1,000  FUnt  Muskets, 

Captain  Kemper — Manassas  Junction. 

16  Boxes  Six-pounder  Shot, 

14  Boxes  Six- pounder  Spherical  Case, 

4  Boxes  Six  plunder  Canister, 

4  Powder  Flasks, 

34  Port  fires, 

610  Friction  Primers, 

51  Yards  Slow  Match,  : 

37  Boxes  for  Packing, 

3  Sets  Wagon  Harness. 


% 


Major  Johnson — Ashland. 
4,000  Cartridges. 

Colonel  Wm.  B.  Taliaferro. 

16,000  Musket  Cartridges  with  Caps, 
3,000  Harper's  Ferry  Rifle  Cartridges, 
351  Cartridge  Boxes  and  Belts, 
925  Yards  W^ebbing, 
168  Waist  Plates. 


I 


[Doc.  No.  85.]  51 

Colonel  S.  V.  Fulkerson. 

15,000  Musket  Cartridges  and  Caps, 
490  Cartridge  Boxes  and  Beits. 

Major  Nat.  Tyler. 

20;000  Cartridges, 

298  Cartridge  Boxes  and  Belts. 

Governor  Harris —  Tennessee. 
1  Box  Sheet  Copper. 

Captain  Ball — Chesterfield. 

70  Cartridge  Boxes, 
4,000  Cartridges, 
2,500  Caps, 

25  Cones. 

Captain  Wickham — Henrico, 
68  Cartridge  Boxes, 

Captain  J.  G.  Cabell. 

.58  Cartridge  Boxes, 
2,000  Pistol  Caps, 
l,5ii0  Pistol  Cartridges, 
1,500  Pistol  Caps. 

Captain  Payne — Black  Horse  Company. 

91  Cartridge  Boxes, 
1,500  Pistol  Caps. 

Captain  Harrison — Goochland  Troop. 

50  Cartridge  Boxes. 
2,000  Pistol  Caps. 

Captain  W.  M.  Thornton — Prince  William, 

72  Cartridge  Boxes, 
2,000  Caps. 

Captain  Wm.  H.  Briggs — Jamestown, 

70  Cartridge  Boxes, 

70  Waist  Belts  and  Plates. 


52  [Doc.  No.  35.] 

A.  C.  KiNCAiD — Braxton  Court  House. 
300  Flint  Muskets,  with  extra  flints. 

Captain  R.  A.  Caskie — Wise  Legion. 

67  Altered  Rifles, 
8  Original  Percussion  Rifles, 
75  Virginia  Sabres,  < 

75  Cartridge  Boxes  and  Belts, 
5,000  Harper's  Ferry  Rifle  Cartridges. 

Captain  T.  W.  W.  Davis — Gloucester  Point, 

1,000  Musket  Cartridges, 

1,000  Harper's  Ferry  Rifle  Cartridges. 

Captain  Rotster — Gloucester  Point. 
1,000  H.  F.  Rifle  Cartridges. 

General  R.  S.  Garnett — Staunton. 

250  Pounds  Rifle  Powder, 
2,500  Cartridges  (flint,) 
2,500  Cartridges  (percussion,) 
20,000  Caps, 

48  Yards  Slow  Match. 

Colonel  George  H.  Tereitt — Alexandria. 

500  Cartridge  Boxes, 
810  Yards  Webbing. 

Captain  Isaacson — Washington  Artillery. 

12  Lanyards, 

8  Tube  Pouches, 
10  Hames  Hooks. 

Eent  to  Charlottesville  J  Virginia. 

1  Six-pounder  Iron  Gun, 
1  Twelve-pounder  Iron  Gun. 

Colonel  A.  P.  Hill — Harpefs  Ferry. 
40  Cartridge  Boxes. 


^ 


[Doo.  No.  35.]  53 

Captain  Collins —  Williamsburg. 

2,600  Pistol  Cartridges, 
1,800  Percussion  Caps. 


Captain  Stanard — Richmond. 

4  Riding  Saddles. 

■■* 

Captain  Edmund  Ruffin,  Jr. — Prince  Gcor, 


4 


5,000  Pistol  Cartridges, 
5,000  Pistol  Caps. 

General  W.  Gwynn — Norfolk. 

1,000  Flint  Muskets, 

3,000  Extra  Flints, 

80  Flint  Muskets, 

100  Extra  Flints, 

4  Lock's  Rifle  Cannon, 

4  Tangent  Scales, 

4  Vent  Pouches. 

Colonels  Preston  and  Heth. 

1  Sabre  and  Belt, 

3  Revolvers  and  Holsters. 

T.  C.  Jordan — Liberty,  Bedford  Counts/. 

4  Iron  Six  pounder  Guns. 

Major  B.  S.  Ewell — Williamsburg'. 

250  Flint  Muskets, 

300  Extra  Fliuts,  4., 

600  Cartridge  Boxes, 
24,000  Cartridges, 
600  Belts  and  Plates, 

2  Six-pounder  Brass  Guns  and  Carriages,  com- 

plete, 
2  Six-pounder  Iron  Guns  and  Carriages,  complete, 
50  Boxes  Six-pounder  Shot,  fixed, 
12  Boxes  Six-pounder  Spherical  Case,  |ixed, 
2  Boxes  Six-pounder  Canister,  fixed, 
4  Powder  Flasks, 
685  Friction  Tubes^ 
39  Port-fires,  ..^A     . 


i 


54  [Doc.  No.  35.] 

78  Yards  Slow  Match, 

4  Fuze  Cutters, 

5  Lanyards, 

8  Thumb  Stalls, 
4  Priming  Wires, 
4  Haversacks, 
4  Tube  Pouches, 
4  Port-fire  Cases, 
4  Prolouges, 
16  Bricoles, 
4  Gunner's  Gimlets, 
4  Water  Buckets. 

Captain  L.  S.  Marye — Richmond. 

4  Six-pounder  Brass  Cannon,  to  be  mounted. 

Captain  H.  C.  Cabell — Richmond. 

3  Caisson  Wagons, 
28  Port-fires, 

8  Yards  Slow  Match, 

4  Canisters  Rifle  Powder, 
4  Thumb  Stalls, 

8  Haversacks,  ^ 

4  Tube  Pouches, 

4  Prolouges,  * 

8  Bricols,    » 
4  Priming  Wires  and  an  extra  Pole. 


fB  60  Yirginia  Flint  Muskets,  m 

%  15  Original  Percussion  Muskets,  W  g 

15  Cartridge  Boxes  and  Belts,  '^  W 


Colonel  W.  T.  Jones — Gloucester. 


15  Bayonet  Scabbards, 
15  Cap  Pouches, 
15  Sets  Belts  and  Plates. 

Major  J.  P.  Wilson — Fori  Powhatan, 

200  Flint  Muskets, 
200  Extra  FUnts, 

25  Flint  Muskets, 

50  Fhnts, 
2,500  Cai-tridges. 

Colonel  Jackson — Harper^s  Ferry. 
1,000  Altered  Muskets, 


[Doc.  No.  35.]  55 

Colonel  Philip  St.  Geo.  Cocke — Alexandria. 

3,000  Flint  Lock  Muskets, 
2,000  Extra  Flints. 

Lieutenant  Colonel  Pegram — Richmond. 

2  Six-pounder  Brass  Guns, 
1  Parrot  Rifle, 
I  Burton  Rifle. 

Captain  Forrest — Norfolk. 
50  Flint  Muskets. 

Colonel  Preston — Virgifiia  Military  Institute. 
8  Six-pounder  Brass  Cannon. 

Colonel  P.  T.  Moore — Richmond. 

9,000  Cartridges. 
20,000  Caps. 

Captain  Griswold — Richmond. 

600  Cartridges, 
^  700  Caps. 

f 

M  Captain  M.  H.  Watkins — Isle  of  Wight. 

600  Cartridges, 
700  Caps. 

Captain  B.  W.  Talley — Hanover. 

600  Cartridges, 
700  Caps. 

Captain  J.  W.  Atkinson — He?irico. 

200  Cartridges, 
300  Caps. 

Captain  C.  H.  Harrison. 

600  Cartridges, 
700  Caps. 


56  [Doc.  No.  35.] 

Colonel  Garlick. 

500  Cartridges; 
600  Caps, 

28  Fixed  Shot, 

28  Fixed  Canister, 

75  Friction  Tubes. 

Captain  J.  G.  Hodgers. 

700  Cartridges, 
900  Caps, 

56  Fixed  Shot, 

14  Canister, 

28  Sin'apnel, 

75  Friction  Tubes. 

Captain  J.  F.  Chalmers — Isle  of  Wight. 

28  Fixed  Shot, 
,      28  Canister. 

Captain  John  Q.  Marr — Fauquier. 

1,000  Cartridges, 
1,200  Caps. 

Captain  William  J.  Green — Stafford. 

1,200  Cartridges, 
1,400  Caps. 

Captain  R.  L.  Walker — Richmond. 
100  Fixed  Shot  Rifle  Cannon. 

T.  T.  Cropper. 

600  Cartridges, 
700  Caps, 

28  Fixed  Shot, 

28  Fixed  Canister, 

75  Friction  Tubes. 

Captain  W.  W.  Thornton — Prince  William, 

600  Cartridges, 
700  Caps. 


[Doc.  No.  35.]  57 

General  William  B.  Taliaferro— -A^oz/o/zt. 

24  Rounds  Rifle  Cannon, 
50  Friction  Tubes. 

Colonel  John  H.  RiCHARDiiON-^Ric/wio}id. 

COO  Cartridges, 
7(10  Caps. 

Captain  Chamblers — Sussea;. 
360  Cartridges, 
400  Caps, 

1  Pound  Powder. 

Captain  Potts — Prince  Edward. 

600  Cartridges, 
700  Caps. 

Captain  M.  BvRKEs—Tappahannock. 

1,000  Cartridges, 
1,200  Caps. 

Captain  R.  S.  C artuorne^ Taj}j]ahaimoc/c. 
1,000  Cartridges. 

General  Harper— jHa;^er'5  Fcrrj/. 

11,000  Cartridges, 
13,000  Caps. 

Captain  J.  Harrison. 
1,000  Cartridges. 

Captain  B.  Hall. 

3,500  Cartridges, 
4,000  Caps. 

Captain  H.  D.  Dickinson 

2,600  Cartridges, 
3,000  Caps. 
38 


58  [Doc.  No.  35.] 

General  Walter  Gwynn. 
200  Rounds  Rifle  Cannon. 

Doctor  R.  L.  Nicholson — West  Point. 

4,600  Cartridges, 
6;000  Caps. 

Colonel  E.  H.  McJ)o^ai.d— Hampshire. 

2,000  Cartridges, 
2,3U0  Caps. 

Colonel  W.  T.  Jones. 

5,000  Cartridges, 
5,600  Caps. 

Captain  Hunter — Georgia  Troop. 

40,000  Cartridges, 
45,000  Caps. 

Colonel  C.  Q,.  Tompkins — Kanawha. 

4,600  Cartridges, 
5,000  Caps, 

80  Fixed  Shot, 
500  Flints. 

Captain  R.  L.  Walker — Fredericksburg. 

58  Fixed  Shot, 

28  Canister, 
158  Shells, 
200  Friction  Tubes. 

Major  J.  P.  Wilson — Fort  Powhatan. 

3,000  Cartridges, 
3,500  Caps, 
6,000  Cartridges. 

Captain  J.  H.  Garnett — Mathews. 

600  Cartridges, 
660  Caps. 


[Doo.  No.  35.]  59 

Captain  E.  T.  Blamire — Portsmouth, 

3,000  Cartridges, 
100  Points. 

Steamer  Yorktown. 

1,000  Cartridges, 
50  Flints. 

Captain  S.  S.  Weisiger — Amelia. 

1,200  Cartridges, 
1,250  Caps. 

Major  General  Gwynn — Norfolk, 

25,000  Cartridges, 
15,000  Caps. 

Captain  Fife — Putnam, 

600  Cartridges, 
TOO  Caps. 

Captain  Boykin — Western  Virginia. 
2,400  Cartridges. 

Captain  Kemper — Culpcper. 

16,00f)  Cartridges, 
17,600  Caps, 

28  Fixed  Shot, 

2S  Canister, 

75  Tubes. 

Major  B.  S.  Ewell — Williamshurg. 

8,000  Cartridges, 
300  Flints. 

Colonel  A.  S.  Taylor — Alexandria, 
10,000  Cartridges. 

Captain  Lay — Powhatan, 

1,200  Cartridges, 
1,200  Caps. 


60  [Doc.  No.  35.] 

J.  P.  May — Petersburg^ 

5,000  Cartridges, 
5,500  Caps. 

Captain  J.  F.  Kent— TTy^Ae. 

600  Cartridges, 
700  Caps. 

Colonel  Cocke — Alexandria. 
2,600  Cartridges,  with  Caps. 

Colonel  John  McCausland — Putnam. 

5,000  Cartridges, 

10  Fixed  Shot, 

4  Canister, 

30  Tubes. 

Captain  W.  T.  Jones — Gloucester. 

2,200  Cartridges, 

2,400  Caps, 

42  Fixed  Shot, 

56  Canistar, 

4  Lanyards, 

400  Fimts. 

Eli  Phlegar  &■  Co.  —  Christiansburg . 

600  Cartridges, 
100  Fhnts. 

Captain  George  S.  Patton — Kanawha. 

2,000  Cartridges, 
2,200  Caps. 

Captain  B.  J.  Whalton— Loma. 
600  Cartridges. 

Captain  R.  M.  Cary — Richmond. 

2,000  Cartridges, 
2,200  Caps. 


[Doc.  No.  53.]  61 

Captain  Rodgers — Alexandria. 

100  Canister  Shot, 
100  Blaiiif  Cartridges, 
150  Tubes, 
4  Lanyards. 

Ccneral  Ruggles — Fredericksburg. 

10,000  Cartridges, 
500  Flints, 
100  Rounds  for  eight  inch  Columbiad. 

Colonel  L.  C.  Finney — Accomac. 

5,000  Cartridges, 
2,000  Caps, 

42  Fixed  Shot, 
56  Canister, 
3  Lanyards, 
175  Flints. 

Colonel  George  A.  Baii.y — Cartels  Wharf. 
1,000  Cartridges. 

Captain  E.  L.  Wharton — Westmoreland. 
1,000  Cartridges. 

General  Cocke — Alexandria. 
100  Rounds  for  eight  inch  Columbiad. 

Colonel  Taylor — Gloucester. 

2,600  Cartridges, 
2,200  Caps. 

Captain  G.  A.  Hudgins — Elizabeth  Citij. 

1,000  Cartridges, 
50  Fhnts. 

Major  G.  W.  Randolph — Richmond, 

60  Howitzer  Shells, 

24  Canister, 

108  Shrapnels, 

350  Tubes. 


[Doo.  No.  35.] 

Captain  H.  C.  Cabell — Richmond. 

82  Fixed  Shot, 
56  Canister, 
42  Shrapnels, 
200  Tubes. 

J.  A.  English — Fredericksburg)  Va. 

2,000  Cartridges, 
2,100  Caps. 

Captain  Wyatt  M.  Elliott — Richmond, 

800  Cartridges, 
1,000  Caps. 

Captain  R.  S.  Archer — Richmond, 
2,000  Cartridges. 

Captain  M.  Vaden — Charles  City. 

1,000  Cartridges, 
1,000  Caps. 

Captain  M.  P.  Todd— TVei^  Kent. 

1,000  Cartridges, 
1,000  Caps. 

Captain  Taylor — Surry. 

1,000  Cartridges, 
1,000  Caps. 

G.  M.  Waddell. 
600  Cartridges. 

Captain  W.  W.  Weisiger — Chesterfield. 
1,000  Cartridges. 

Captain  Z.  S.  Magruder — {Henrico.) 

1,000  Cartridges, 
1,200  Caps, 


[Doc.  No.  35.]  63 

Colonel  Barney — Norfolk. 
11  Boxes  Ammunition,  (for  24  pounder  howitzer.) 

Captain  R.  Douthat — Oharles  City, 

1,000  Cartridges, 
1,000  Caps. 

Joseph  Mayo — Mayor  of  Richmond. 

600  Cartridges, 
100  Flints. 


# 


[Doc.  No.  35.]  65 


(APPENDIX  A.) 


RfCHMOND,  April  1;  1861. 

Sir:  I  liave  the  honor  to  receiv^e,  through  the  clerk  of  the 
House  of  Delegates,  a  resolution  adopted  on  the  9th  nit.,  request- 
ing "  the  Arinory  Commissioners  to  report  the  amount  of  bonds 
they  obtained  from  the  Board  of  Public  Works,  under  the  provi- 
sions of  the  act  appro])riatitig  five  hundred  thousand  dollars  to 
repair  the  armory  and  to  purchase  arms;  whether  they  sold  the 
bonds;  and  if  so,  whether  at  par,  or  at  what  discount;  and  also 
to  render  an  account  of  their  expenditures;  and  for  what  purpose, 
giving  the  items  and  prices;  and  if  they  received  the  whole 
five  hundred  thousand  dollars  of  State  bonds,  what  part  thereof 
has  been  expended,  and  what  disj)Osi(ion  have  they  made  of  any 
part  thereof  not  expended." 

The  Commissioners  have  receiv^ed  no  State  bonds  whatever. 
They  have  certified  accounts  to  the  Board  of  Public  Works,  and 
have  requested  them  to  pay  such  accounts.  The  means  for  do- 
ing so  were  obtained  by  sale  of  the  bonds  of  the  State  at  the 
Treasury  for  tlieir  par  value. 

The  purchasers  of  the  bonds  were  contractors  who  had  sold 
arms  to  the  State,  or  persons  who  had  advanced  money  to  con- 
tractors and  others;  and  they,  as  a:lready  reported  indemnified 
themselves  for  losses,  by  charging  enhanced  prices.  The  ac- 
count to  be  rendered  before  the  Board  of  Public  Works,  under  a 
former  resolution  of  the  House  of  Delegates,  will  show  the 
amount  so  charged. 

I  regret  that  my  attendance  on  the  Convention  has  prevented 
me  from  furnishing  a  statement  of  this  account  as  requested. 
The  vouchers  are  ready  to  be  submitled  to  the  Board  of  Public 
Works,  and  the  account,  when  stated,  will  be  placed  in  the  hands 
of  the  clerk  of  the  House  of  Delegates. 

Three  hundred  and  twenty  thousand  dollars  were  appropri- 
ated for  the  armory,  of  which  a  little  upwards  of  ten  thousand 
dollars  have  been  expended.  The  appropriation  for  the  purchase 
of  arms  was  one  hundred  and  eighty  thousand  dollars,  and  the 
contracts  made  will  require  it  all.  As  yet,  however,  the  amount 
expended  is  about  one  hundred  and  fifty-four  thousand  dollars. 
I  have  the  honor  to  be, 

Your  most  ob't  servant, 

GEO.  W.  RANDOLPH. 

Hoji.  Sjjca/ccr  House  Delegates. 
40 


66  [Doc.  No.  35.] 


(APPENDIX  B.) 


Ordnance  Department,     ") 
Richmond,  Juue  15,  1861.  5 

His  Excellency,  John  Letch kr,  Governor  of  Virginia: 

Governor, — I  have  the  honor  to  hand  yon  an  abstract  of  issues 
made  from  the  armory  in  this  city,  from  the  1st  of  April  to  the 
14lh  of  June  of  this  year,  both  days  inchisive. 

I  assume  the  1st  of  April,  because  that  was  abgut  the  date 
when  1  commenced  n)y  duties  as  colonel  of  ordnance,  and  the 
14th  of  June,  because  on  that  day  the  duties  of  the  ordnance 
department  were  divided  between  the  chief  of  ordnance  of  the 
Confederacy  and  niyself. 

Your  Excellency  will  remember,  that  I  had  no  authority,  uor 
was  there  any  appropriation  for  the  purchase  of  arms,  munitions 
or  machines  of  war,  until  a  few  days  prior  to  the  act  of  seces- 
sion. That  as  soon  as  I  was  authorized,  and  had  the  means  to 
purchase,  I  sent  Mr.  Adams,  the  Master  Armorer,  to  the  North 
with  bills  of  credit  to  procure  such  essentials  as  percussion  cap 
machine,  bullet  machine,  sabres,  pisiols,  carbines  and  other  ar- 
ticles ill  which  the  Stale  was  deficient;  and  that  the  annonnce- 
ment  of  the  State's  t;cccssioU  following  so  soon  after  his  Ipaving 
liere,  caused  him  to  fdl  in  obtaining  even  one  single  article,  and 
that  he  only  was  enabled  to  return  here  bv  disguising  himself, 
and  making  his  way  as  a  common  laborer  seeking  work. 

Being  thus  deprived  of  those  labor-saving  machines,  I  have 
had  to  resort  to  the  human  hands,  and  with  but  limited  and 
crude  materials  to  prepare  our  troops  for  the  field;  and  as  these 
troops  took  the  field  rapidly,  and  as  the  operatives  employed  in 
the  various  preparations  of  amnamition,  gun-carriages,  vfcc,  were 
entirely  unaccj^nainted  with  the  work.  I  hope  the  result  will  be 
satisfactory. 

After  consulting  with  you,  at  the  commencement  of  difficul- 
ties, I  made  preparation  for  15,000  men,  as  the  probable  number 
that  Virginia  would  be  called  upon  to  place  in  the  fteld.  I  hav'e, 
liowever,  actually  made  up  and  issued  ammunition  to  the  amount 
of  forty  rounds  to  a  man,  f^r  50,000  men, — have  issued  43,658 
muskets,  carbines  and  rifles,  and  115  pieces  of  artillery,  (of 
which  fifty  had  to  be  mounted  complete  in  this  city,  with  eighty 
sets  of  artillery  harness  for  four  horses  each,)  with  a  due  propor- 
tion of  amnuniition  to  each  piece,  sapplying  out  of  the  above 
many  of  the  troops  from  others  of  the  Confederate  Slates. 


[Doc.  No.  35.]  67 

1,  yesterday,  turned  over  to  the  ordnance  department  of  the 
Southern  Confederacy,  a  laboratory  with  machines,  fixtures  and 
hands  capable  of  turning  out  75,000  rounds  of  ammunition 
daily,  and  9,894  rounds  of  artillery  ammunition,  and  114,400 
rounds  of  infantry  ammunition  ready  for  immediate  issue. 
I  am  sir,  very  respectfully, 
•  C.DIMMOCK, 

Colonel  of  Ordnance  of  Virginia. 


INVENTORY  OF  ISSUES 

From  the  Virginia  State  Armory  from  April  1, 1861,  to  June  14, 
1861,  inclusive. 

9,233  Cartridge  Boxes, 
4,842  Bayonet  Scabbards, 
5,123  Cap  Pouches, 
9,500  Belts  and  Plates, 
275,000  Yards  of  Webbing  for  Belts, 
2,054  Rifles  and  Carbines, 

562  Pistols, 
1,813  Sabres,  ** 

25,850  Flint  Muskets, 
11,636  Altered  Percussion  Muskets, 
4,118  Original  Percussion  Muskets, 
1,540,850  Cartridges  for  Small  Arms, 
1,540,850  Caps  for  the  same, 

53  Iron  Cannon,  six  and  twelve  pounders, 
39  Brass  Cannon,  six  and  twelve  pounders, 
14  Rifle  Cannon,  six  pounders, 
9  Howitzers,  twelve  pounders, 
6,000  Fiiction  Tubes, 
11,258  Rounds  Fixed  Ammunition  for  Artillery. 

Of  the  artillery,  fifty  pieces  were  mounted  in  this  city. 

Amm,unition  on  hand  in  the  Laboratory,  turned  over  on  the  iith 
instant  to  the  Souther?i  Confederacy. 

1,000,000  Percussion  Caps, 

9,894  Rounds  of  Ammunition  for  Artillery, 
114,400  Rounds  of  Ammunition  for  Infantry. 

C.  DIMMOCK, 
Colonel  of  Ordnance  of  Virginia. 

P.  S.— In  addition  to  the  above  issues,  about  13,000  muskets 
and  rifles  liave  been  issued  from  the  Virginia  31ilitary  Instituted7 


68  [Doc.  No.  35.] 

also,  two  six-pounder  bronze  cannon,  two  twelve -pounder  how- 
itzer, four  six-pounder  brass  pieces,  (cadets  battery,)  one  Parrott 
rifle  cannon,  eight  sets  of  artillery  harness,  20,000  mnsket  car- 
tridges, 9,000  pounds  rifle,  musket  and  cannon  powder,  and  250 
rounds  of  artillery  ammunition. 

CD.    ^ 


[Doc.  No.  35.]  69 


(APPENDIX  C.) 


Office  of  Naval  Detail  and  Equipment,  ") 
Richmond,  June  10, 1861.         j" 

Sir, — I  have  the  honor  to  inform  your  Excellency  that  the 
important  duty  of  the  naval  defences  of  the  rivers  of  Virginia, 
was  assigned  to  the  officers  of  the  Virginia  navy,  on  the  23d  of 
April  last. 

A  few  days  previous,  the  magazine,  at  Norfolk,  with  upwards 
of  three  hundred  thousand  pounds  of  powder,  and  a  large  num- 
ber of  shells,  was  captured  by  Lieutenants  Pegrani,  Sinclair  and 
Jones.  This  daring  and  unauthorized  attack,  placed  at  the  dis- 
posal of  the  State  an  amount  of  ammunition  it  would  be  difficult 
to  supply,  and  with  the  cannon  taken  at  the  Norfolk  yard, 
afforded  all  the  materials  needed  for  the  batteries. 

The  rivers  of  Virginia  being  undefended,  and  exposed  to  at- 
tack, it  is  due  to  the  uaA^al  officers  of  Virginia  to  say,  that  they 
went  to  work  to  defend  them,  with  zeal  proportionate  to  the  ne- 
cessities of  the  case.  Heavy  cannon  were  moved  to  their  des- 
tinations with  dispatch  ;  ammunition  and  projectiles  provided; 
men  instructed,  and  every  other  preparation  made  to  repel  an 
opposing  forne. 

In  erecting  the  batteries  at  Sewell's  Point,  at  Pig's  Point,  at 
Aquia  Creek,  and  at  Gloucester  Point,  they  were  attacked  by 
armed  steamers.  In  each  case  the  enemy  were  repulsed,  and 
the  works  continued  and  finished,  in  spite  of  their  fire. 

The  works  on  the  Ehzabeth,  James,  York  and  Rappahan- 
nock rivers,  are  so  far  completed  as  to  justify  the  belief  that  they 
will  be  able  to  drive  off  any  naval  force  that  the  United  States 
Government  can  bring  against  them. 

On  the  Potomac  river,  batteries  have  been  erected  at  the  ter- 
minus of  the  Richmond,  Fredericksburg  and  Potomac  Rail  Road 
on  Aquia  Creek.  In  their  incomplete  state  they  were  attacked, 
three  times,  by  a  superior  force,  and  in  each  case  Captain  Lynch 
repulsed  the  enemy's  steamers,  with  considerable  loss.  If  the 
attack  should  be  renewed,  Captain  Lynch  is  now  prepared  to 
strike  a  more  serious  blow. 

The  command  of  the  steamer  Teaser,  has  been  assigned  to 
Lieutenant  Rochelle.  Two  32  pound  guns  have  been  placed 
upon  her,  and  she  is  now  employed  on  the  defences  of  James 
river. 

Captain  J.  R,  Tucker  is  fitting  out  the  steamer  Yorktowii; 


TO  [Doc.  No.  35.] 

with  as  heavy  a  battery  as  she  will  bear.  Slie  will  be  ready  by 
the  1st  of  July,  and  will  be  a  valuable  auxiliary  to  the  defences 
of  James  River. 

A  howitzer  battery,  of  six  guns,  has  been  organized  by  Lieu- 
tenant Parker.  Four  of  the  pieces  are  now  mounted;  the  drill 
of  the  men  is  perfect,  and  this  battery  will  be  valuable,  wheth- 
er employed  in  the  field,  or  in  the  defences  of  Richmond. 

The  frigate  Merrimac  has  been  raised,  and  is  now  in  the  dry 
dock  at  Norfolk.  The  other  sunken  ships  will  be  raised  as  soon 
as  the  dock  is  ready  to  receive  them. 

The  enclosed  list,  marked  (A,)  will  show  the  number  and 
calibre  of  the  cannon  at  the  various  batteries;  and  that  marked 
(B,)  the  number  and  calibre  sent  to  the  other  States  of  the  Con- 
federacy. 

I  am,  very  respectfully, 

Your  obedient  servant, 

S.  BARON,  Captain. 


[Doc.  No.  35.]  Tl 

(APPfeNDIX  D.) 


Headquarters  op  the  Virginia  Forces,  "> 
Richmond,  June  15,  1861.      3 

His  E.rcellenoj,  John  Letcher,  Governor  of  Virginia: 

Sir, — Agreeably  to  your  request,  I  siibmif  a  statement  of  the 
mihtary  and  naval  preparations  for  tiie  defence  of  Virginia,  from 
the  period  of  her  separation  from  the  United  States  Government, 
to  the  date  of  transfer  of  the  military  operations  of  the  State  to 
the  Confederate  Goverinnent. 

Arrangements  were  made  tor  the  establisliment  of  batteries  to 
prevent  the  ascent  of  our  rivers  by  hostile  vessels.  As  soon  as 
an  examination  was  made  for  the  selection  of  sites,  their  con- 
struction was  begnn,  and  their  armament  and  defence  committed 
to  the  Virginia  navy. 

Preparations  were  also  begun  to  receive  into  the  service  of  the 
State,  volunteer  companies,  and  for  organizing,  arming  and 
equipping  them.  JNInsiering  officers  were  appointed,  rendezvous 
established,  and  provision  made  for  their  subsistence  and  shelter. 

Tlie  primary  estimate  of  the  number  of  troops,  of  all  arms  re- 
quired, based  upon  the  points  to  be  defended,  amounted  to 
51,000  men.  The  estimated  qnota  of  each  portion  of  the  State 
has  been  furnished,  except  from  the  western  section.  Arrange- 
ments were  made  for  calling  out  volnnteers  from  the  western  sec- 
tion at  the  same  time,  and  in  thesame  manner  as  from  the  eastern 
section,  but  as  yet  it  lias  been  feebly  responded  to. 

Complete  returns  from  the  troops  in  the  field  have  not,  and, 
from  the  natnre  of  things,  cannot  iox  some  time  be  received. 
But  from  the  best  sources  of  information  within  onr  reach,  the 
number  of  Virginia  troops  is  abnut  3.5,000  men.  This  amonnt 
probably  falls  below  the  real  number,  li)r,  referring  to  the  report 
of  the  colonel  of  ordnnnce,  it  will  be  seen  that  he  has  issued 
2,054  rifles  and  carbines,  and  41,604  mnskets,  in  addition  to 
pistols  and  sabres  to  the  cavalry.  Thirteen  thousand  arms  have 
also  been  issued  from  Lexington,  making  a  total  of  56,658. 
Seven  thousand  of  those  from  Lexington,  and  several  thousand 
from  the  arsenal  at  Richmond,  have  been  issued  to  troops  from 
other  Slates,  but  many  of  the  \'irginia  companies,  supposed 
to  be  about  5,000  men,  were  armed,  when  received  into  the  ser- 
vice of  the  Slate.  Should  the  number  of  armed  companies  from 
other  States  not  differ  materially  from  the  number  of  armed  com- 
panies of  the  State,  the  number  of  Virginia  troops  in  the  field 
may  be  assumed  to  be  about  40,000. 


72  [Doc.  No.  35.] 

When  it  is  remembered  that  this  body  of  men  was  called  from 
a  state  of  prof  )Utid  peace  to  one  of  unexpected  war,  you  will 
have  reason  to  commend  the  alacrity  with  which  they  left  their 
homes  and  families,  and  prepared  themselves  for  the  defence  of 
the  State. 

The  assembling  of  the  men,  however,  was  not  the  most  dif- 
ficult operation.  Provision  for  their  instruction,  subsistence, 
equipment,  clothing,  shelter  and  transportation  in  the  field,  re- 
quired more  time  and  labor.  The  carriages  of  the  guns  for 
river,  land  and  field  service,  had  to  be  n)ade,  with  the  necessary 
implements,  caissons,  battery  wagons,  &c. 

One  hundred  and  fifteen  guns  for  field  service  have  thus 
been  provided,  from  which  twenty  li^ht  batteries,  of  four 
guns  each  have  been  furnished  with  the  requisite  horses, 
harness,  ttc 115 

For  the  defence  of  .Tames  River;  two  batteries  and  two 
steamers  have  been  provided,  mounting  altngether  40  guns, 
varying  in  calibre  from  32  pounders  to  8  and  9  inch  Colum- 
biads.  Arrangements  are  also  in  progress  for  mounting 
sixty  guns  of  different  weights  in  the  defences  around  Rich- 
mond, and  a  naval  battery  of  six  12-pound  Howitzers  is  in 
process  of  organization 40 

On  York  River. three  batteries  have  been  constructed, 
mounting  thirty  guns,  of  calibres  similar  to  the  guns  on 
James  River 30 

Sites  lor  batteries  on  the  Potomac  have  also  been  selected, 
and  arrangements  are  in  progress  for  their  construction. 
But  the  entire  command  of  that  river  being  in  possession  of 
the  United  States  Government,  and  a  larger  force  required 
for  their  security  than  could  be  devoted  to  that  purpose,  the 
batteries  at  Aquia  Creek  have  only  been  prepared.  Twelve 
giuis  are  in  y)osition  there 12 

On  the  Rappahannock  River  a  four  gun  battery  of  32- 
pounders  and  eight  inch  Columbiads  has  been  erected 4 

Six  batteries  have  been  erected  on  the  Elizabeth  River,  to 
guard  the  approaches  to  Norfolk  and  the  Navy  Yard.  They 
mount  85  32-pounders  and  8  and  0  inch  Columbiads g5 

To  prevent  the  ascent  of  the  Nansemond  River  and  the 
occupation  of  the  Railroad  from  Norfolk  to  Richmond,  three 
batteries  have  been  constructed  on  tliat  river,  which  will 
mount  19  guns 19 

The  frigate  United  States  has  been  prepared  for  a  school 
ship,  and  provided  with  a  deck  battery  of  19  32-pounders 
and  9  inch  Columbiads  for  harbor  defence 19 

324 

The  frigate  Merimac  has  been  raised  and  is  in  the  dry  dock, 


[Doc.  No.  35.]  73 

and  arrangements  are  made  for  raising  the  Germantown  and  PJjr- 

In  addition  to  the  batteries  already  described,  other  works  havP 
been  constructed  for  their  land  defence,  exceeding  in  m  ny'V 
stances  the  work  on  the  batteries  themselvres.  An  extensive^li  e 
of  field  works  has  been  erected  for  the  secnrity  of  Norfolk  on 
the  side  towards  the  bay.  Redoubts  for  the  same  purpose  1  ave 
been  constructed  at  Jamestown  Island,  Gloucester  Point  York- 
town    and  across  the  neck  of  land  below  VVilliamsbur- 

I  have  confined  myself  to  a  general  narrative  of  operations 
sTaff    ■  '  '"^"'  ^'"^  ''  '■''  ''P°^*^  ''^  '^'^  several  chSf 

I  am,  Governor,  very  respectfully, 

Your  obedient  servant, 

ROBERT  E.  LEE, 
General  Commaiidmg. 


41 


[Doc.  No.  35.]  75 


(APPENDIX  E.) 


BY  THB  GOVERNOR  OF  VIRGINIA. 

A  PROCLAMATION. 

The  delegates  of  the  people  of  Virginia,  in  Convention  assem- 
bled, having  by  their  ordinance,  passed  April  25,  ISGl,  adopted 
and  ratified  the  Constitution  of  the  Provisional  Government  of 
the  Confederate  States  of  America,  ordained  and  established  at 
Montgomery,  Alabama,  on  the  8th  day  of  February,  ISOl,  and 
the  State  of  Virginia  having  been,  by  an  act  of  the  Congress  of 
the  Provisional  Government  of  the  Confederate  States,  passed 
May  7,  1861,  admitted  as  a  State  into  the  Confederate  Govern- 
ernlnent,  and  the  President  being,  under  the  Constitution  of  the 
Provisional  Government  of  the  Confederate  States,  the  com- 
mander-in-chief of  the  army  and  navy  of  the  Confederate  States, 
and  of  the  mihtia  of  the  several  Slates  when  called  into  the  ser- 
vice of  the  Confederate  States. 

Now,  therefore,  I,  John  Letcher,  Governor  of  the  Common- 
monwealth  of  Virginia,  by  and  with  the  advice  and  consent  of 
the  Execntive  Council,  do  hereby  transfer  to  the  authorities  of 
the  Confederate  States,  by  regiments,  all  the  volunteer  forces 
which  have  been  mustered  into  the  service  of  Virginia,  and  do 
order  a  like  transfer  to  be  made  by  regiments,  battalions,  squad- 
rons and  companies  of  all  volunteers,  or  militia,  as  the  same  shall 
be  formed  and  thoir  services  may  be  required, 

1  further  hereby  transfer  to  the  authorities  of  the  Confederate 
States  the  comnjand  of  all  the  officers,  seamen  and  marines  of 
the  Provisional  Navy  of  Virginia  for  service  in  the  Confederate 
States. 

1  do  further  order  that  all  officers  of  the  Virginia  service  now 
on  duty  in  any  of  the  departments  of  the  staff,  continue  to  dis- 
charge their  respective  functions  undi^r  the  direction  and  control 
of  the  PresidcMit,  until  otherwise  ordered;  and  that  all  qnarter- 
master,  commissary  and  medical  stores  belonging  to  tlie  State 
and  in  charge  of  said  officers,  be  turned  over  for  the  use  of  the 
Confederate  States,  upon  proper  receipts  for  the  articl«*s  turned 
over,  to  be  f)rwardeJ  to  the  accounting  officer  fir  settlement. 
All  monies  in  charge  of  any  of  the  departments  will  be  fortlivvith 
returned  into  the  treasury  of  the  State. 


Y6-  [Doc.  No.  35.] 

I  do  further  order  the  provisional  army  of  Virginia  to  respect 
and  obey  all  lawful  orders  emanating  from  the  President,  or 
those  commanding  under  his  authority;  and  that  the  same  may 
be  incorporated,  in  whole  or  in  part,  into  the  provisional  army  of 
the  Confederate  States,  at  the  pleasure  of  the  President. 

I  do  further  authorize  the  use  of  all  public  property,  munitions 
of  war,  &c.,  captured  from  the  United  States,  the  machinery  at 
Harper's  Ferry  excepted,  by  the  President  or  those  acting  under 
his  authority,  for  ihe  common  defence. 

Given  under  my  hand  as  Governor,  and  under  the  seal  of  the 
State,  at  Richmond,  this  sixth  day  of  June,  A.  D.  1861,  and  in 
the  eighty-fifth  year  of  the  Commonwealth. 

JOHN  LETCHER. 
By  the  Governor: 

George  W.  Munford, 

Secretanj  of  the  Commomvealth, 


[Doc.  No.  35.]  T7 


(APPENDIX  R) 


Executive  Department,  ^ 
June  14,  1861.     j" 

To  His  Excellency^  John  Letcher,  Governor  of  Virginia: 

Sir, — The  amount  actually  paid  out  of  the  State  Treasury, 
from  the  3lst  of  April  to  the  present  date,  by  orders  of  the  Board, 
appointed  to  audit  mihtarj^  and  naval  claims,  is  as  follows: 

For  the  Army $1,737,950  49 

For  the  Navy 100,748  49 

Total $1,838,698  98 

Besides  this  there  are  outstanding  allowances  not  yet  present- 
ed at  the  Treasury,  which  will  probably  amount  to  $100,000 
additional.  These  amounts  do  not  include  pay  of  the  officers 
and  men,  the  pay  rolls  not  having  yet  been  presented  or  made 
out.  The  Paymaster-general  estimates  the  amount  necessary 
for  pay  alone,  to  the  1st  of  June,  at  $1,000,000,  for  troops  now 
in  the  field.  Additional  forces  now  called  out  will  require  more. 
He  also  estimates  that  there  will  be  required,  for  commutation 
for  clothing  of  the  troops,  and  commutation  for  forage  for  officers, 
the  sum  of  $841,000.     Total  required,  $3,679,698  98. 

GEORGE  W.  MUNFORD, 

Secretary  of  the  Commonwealth, 


[Doc.  No.  35]  79 


(APPENDIX  G.) 


Division  HEAoauARTEns, 
^Harper's  Ferry,  April  19,  1S61 


1 


General, — I  beg  to  communicate  through  you  to  Governor 
Letcher,  that  I  am  forwarding  to  Winchester,  with  all  despatch 
possible,  the  arms  and  machinery  at  this  place,  retaining  only 
such  of  the  arms  which  are  complete,  and  rescued  from  the  burn- 
ing as  are  thought  necessary  to  equip  the  troops,  imperfectly 
armed  as  they  came  in.  There  are  now  about  thirteen  hundred 
men  here,  and  I  expect  reinforcements  to  the  number  of  five  hun- 
dred in  a  few  hours,  and  I  have  information  of  about  a  thousand 
now  on  the  way.  It  is  estimated  by  a  number  of  the  workmen 
lately  employed  in  the  armory,  who  presented  themseh'es  to  me 
to-day  as  a  committee,  that  it  would  taice  several  months  to  re- 
move the  machinery  and  other  public  property  from  this  point, 
but  I  find  they  are  much  disaffected,  being  property  holders,  and 
therefore  disposed  to  exaggerate  the  difliculiies.  1  hope,  how- 
ever, that  the  interview  impressed  them  with  different  views  of 
their  own  interests,  that  their  labor  which  was  their  support,  was 
their  most  valuable  interest.  They  will  be  needed  wherever 
their  works  may  be  removed.  This  1  believe  will  induce  them 
to  aid  heartily  in  the  purposes  designed  by  the  Executive.  If 
authorised  to  give  them  assurance  of  employment,  it  would  re- 
lieve me  of  some  difficulties,  and  probably  promote  the  public 
interest.  The  armory  at  Richmond  could  be  put  in  operation  at 
once.  I  make  these  suggestions  for  the  consideration  of  the 
Governor. 

Tiie  information  I  have  received  in  regard  to  the  condition  of 
affairs  in  Maryland,  and  especially  the  city  of  Baltimore,  added 
to  the  appearance  of  men  on  the  mountain  on  the  Maryland  side, 
commanding  this  place,  induced  me  this  morning  to  send  an 
officer  to  the  high  sheriff  of  the  county,  notifying  him  of  my 
distress  to,  and  of  my  unwillingness  to  trespass  upon  the  soil  of 
our  sister  State,  unless  compelled  by  necessity,  requesting  him 
to  call  out  the  militia  to  maintain  their  neutrality.  My  messen- 
ger has  not  yet  returned,  and  circumstances  have  since  come  to 
my  knowledge  which  impelled  me  to  order  a  company  to  occupy 
the  heights  during  t!ie  night. 

My  labors  have  been  so  incessant  during  the  day  that  I  cannot 
communicate  more  freely  at  present. 


80  [Doc.  No.  35.] 

I  enclose  a  despatch  from  John  W.  Garrett,  President  of  the 
Baltimore  and  Ohio  Rail  Road. 

Very  respectfully;  your  obedient  servant, 

KENTON  HARPER, 

Major  General  Commanding. 

Brig.  Gen.  W.  H.  Richardson,  AdJ^i  General,  Va. 


[Doo.  No.  35.]  81 


Division  Headquarters,      ■> 
Harper's  Ferry,  Nov.  20,  ISGl.j" 

Dear  Goveimor, — I  have  addressed  you  officially  through  the 
Adjutant  General,  and  I  only  wish  to  saj  to  you  here,  that  you 
know  me,  and  that  I  must  necessarily  be  allowed  to  act  to  a  great 
extent  upon  my  own  judgment,  as  to  what  is  required  by  the 
exigencies  of  my  position.  You  have  honored  me  with  a  high 
trust,  involving  great  responsibilities,  and  I  will  rely  upon  you 
for  all  needful  support. 

The  influences  around  me  at  Winchester,  I  found  to  be  so 
unfriendly  that  I  determined  in  a  few  hours  to  remove  my  Head- 
quarters to  Charlestown.  But  one  company  had  arrived  which 
I  took  with  me,  and  left  orders  with  an  oi!icer  directing  the  troops 
as  they  came  in  to  report  to  me  at  that  place.  The  use  of  the 
telegraph  was  denied  me  by  the  operator,  and  the  President  of 
the  road  saying  he  was  unable  to  get  another  operator,  1  closed 
the  office,  to  prevent  its  being  used  against  me.  I  do  not  doubt, 
however,  that  the  mischief  was  done  by  the  operator,  even  before 
my  messenger  returned,  and  that  the  commanding  officer  of  the 
post  was  informed  of  my  movements. 

In  haste,  yours  truly, 

KENTON  HARPER, 
Major  General  Commanding. 

His  Excellency,  John  Letcher,  Governor. 


42 


[Doc.  No.  35.]  83 


[COPY.] 

Gen-eral  Headquarters, 
Adjutant  General's  Office,  April  17,  1861. 

Brigadier  GcfteralJ ames  H.  C arson, IQih B?'igade: 

Sir, — You  will  issue  instant  orders  to  the  volunteer  force  of 
your  brigade,  to  hold  itself  in  readiness  for  service  at  a  moment's 
warning,  and  support  any  movement  that  may  be  made  by  the 
State  troops,  upon  the  Arsenal  and  works  at  Harper's  Ferry. 
They  will  probably  be  joined  by  the  volunteers  of  Augusta  and 
Rockingham,  <fcc.  If  necessary,  you  will  assume  the  command 
of  the  entire  force. 

By  order  of  the  Commander-in-Chief. 

WM.  H.  RICHARDSON,.!.  G. 


[Doc.  No.  35.]  «  85 


[COPY.] 

General  Headquarters,         ) 
Adjutant  General's  Office,  April  18,  1861.  ] 

General  Thomas  Haymoxd,  Oommanding  3o?  Division: 

The  Governor  directs  that  yoii  give  orders  to  the  volunteer 
corps,  in  yonr  Division,  to  be  ready  for  service  at  a  moment's 
notice,  and  to  the  Brigadier  Generals  to  be  prepared  for  service. 
That  ynu  take  measnres  effectually  to  prevent  the  passage  of  the 
Federal  or  any  other  troops  from  the  West,  Eastward  on  the  Bal- 
timore and  Ohio  Rail  Road. 

The  Brigadier  Generals  of  yonr  Division  are  Buckner  Fairfax, 
Preston,  10th  Brigade;  James  H.  Carson,  Frederick,  the  IHth; 
James  Boggs,  Pendleton,  18th;  C.  B.  Conrad,  Gilmer,  20th; 
John  J.  Jackson,  Wood,  23d;  and  Bnshrod  W.  Price,  Marshall, 
24th;  and  to  them,  your  orders  should  be  addressed,  promptly. 

By  command. 

WM.  H.  RICHARDSON,.!.  G, 


[Doc.  No.  35.]  Si 


[COPY.] 

General  Headquarters,  ) 

Adjutant  General's;;Office,  April  18,  1861.  \ 

Got.  Wm.  B.  Tai-iaferro,  Commanding  Ath  DivisioJi: 

Sir, — You  will  forthwith  take  command  of  the  Slate  troops, 
M'hich  are  now  or  may  be  assembled  at  the  City  of  Norfolk. 
Your  immediate  presence  there  is  necessary. 

By  command.  » 

WM.  H.  RICHARDSON,  A.  G. 


[Doc.  No.  35.]  89 


[COPY.] 


General  HsADarARTERS, 
Adjutant  General's  Office,  April  22,  1861 


} 


Major  General  Kenton  Harper: 

Sir, — The  Governor  has  received  your  report  and  desires  me 
to  convey  to  you  his  approval  of  your  proceedings.     He  directs 

me  to  inform  you  tliat  a  portion  of  your  force  will  be  probably 
required  at  Alexandria,  in  which  case  you  will  meet  the  reouisi- 
tion  of  Gen.  Phihp  St.  George  Cocke,  who  is  in  command  at 
that  point. 

Very  respectfully. 

Your  obedient  seiTant, 

WM.  H.  RICHARDSON;  A.  G. 


43 


[Doc.  Ko.  35.]  91 

(A.) 
NAVAL  DEFENCES  OF  VIRGINIA. 


JAMES    RIVER. 
Captain  H.  H.  Cocke — Commanding  Officer. 

Fort  Powhatan — Lieutenant  C.  St.  George  Noland. 

6  Thirty-two  pounders  of  51  cvvt. 

2  Thirty-two  pounders  of  27  cwt. 

3  More  thirty-two  pounders  of  27  cwt,,  and  two  more  thirty. 

two  pounders  of  51  cwt.  are  to  be  sent  for  this  battery. 

Jamestown  Island — Lieutejiant  Ap  C.  R.  Jones, 

3  Nine-inch  guns  of  9,000  pounds, 

6  Thirty-two  pounders  of  57  cwt. 

9  Eight-inch  army  columhiads. 

2  Twelve  pounder  army  guns. 

Steam  Tug  ^*  Teaser^^ — Lieut.  J.  H,  Rochelle,  Commanding, 

2  Thirty-two  pounders  of  27  cwt. 

Steamer  ^'Yorktoivji,^^  preparing  at  Richmond — Commander 
John  ii.  Tucker. 

Will  mount  I  Ten-inch  pivot  gun  of  12,000  pounds. 
Will  mount  1  Sixty-four  pounder  ditto,  of  106  cwt. 
Will  mount  6  Eight-inch  broadside  guns  of  03  cwt. 

Two  more  eight-inch  guns  can  be  mounted  on  this  vessel 
and  will  be  ordered. 

Arrangements  arc  now  being  made  for  mounting  sixty  guns 
of  different  calibres  and  weights,  for  the  defences  of  the  city  of 
Richmond.  We  are  now  organizing  a  Naval  battery  of  six 
twelv^e  pounder  Howitzers,  fiur  of  which  are  now  completed. 
Tliey  are  preparing  under  the  immediate  superinteudance  of 
Lieutenant  VVilliam  H.  Parker, 


92  [Doc.  No.  35.] 

YORK  RIVER. 

Captain  W.  C.  Whittle— Commanding  Officer. 

West  Point — Commander  Wm,  Leigh. 

2  Nine  inch  guns  of  9,000  pounds, 

1  Thirty-two  pounder  of  57  cwt. 

4  Tliirty-iwo  pounders  of  33  cwt.  are  to  be  sent  for  this  battery. 

Gloucester  Point — Commander  T.  J.  Page. 

8  Nine  inch  guns  o(  9,000  pounds, 

2  Thirty-two  pounders  of  57  cwt. 
1  Tiiirty-two  pounder  of  33  cwt. 

1  Thirty-two  pounder  of  27  cwt. 

5  mojp  thirty-two  pounders  of  27  cwt.  are  to  be  sent  for  this 

battery. 

Yorktown — Commander  J.  L.  Henderson. 

2  Eight  inch  Army  Columbiads, 
4  Eight  inch  Army  Barbette  guns. 

(]\ote. — Two  more  eight  inch  gmis  are  to  be  sent  for  this  bat- 
tery.) 

POTOMAC  RIVER. 

Captain  W.  F.  Lynch — Commanding  Officer. 
Aquia  Q'eek, 

2  Eight  inch  guns  of  63  cwt. 

1  Parrott  Rifled  Field  Piece,  (Walker's  company.) 

Potomac  Creek — Lieut.  Wm.  Taylor  Smith, 

2  Thirty-two  pounders  of  27  cwt. 

Hill  Battery,  near  to  the  right  of  Aquia  Creek — Lieut.  Charles 

C.    SiMMS. 

2  Eight  inch  Army  Cohimbiads  on  Barbette  carriages. 

Sit7i77is^  Point,  near  to  the  left  of  Aquia  Creek. 
\  pLt\;  RmS'Fr/,<flreres:}Masked  battery. 


[Doc.  No.  35.]  93 

Potomac  Oreek  Bridge — Commander  R.  D.  Thorburn, 

1  Eight  inch  gun  of  63  cwt. 

RAPPAHANNOCK  RIVER. 
Captain  R.  G.  Robb — Commanding  Officer. 

Lowry^s  Point — Lieut.  Henry  C.  Lewis. 

2  Eight  inch  Army  Columbiads, 
2  Thirty- two  pounders  of  27  cwt. 

Note. — Three  eight  inch  guns  of  63  cwt.  have  been  ordered 
to  be  prepared  at  Norfolk  for  the  naval  defences  of  the  Rappa- 
hannock. 

HARPER'S  FERRY. 

Lieut.  Chas.  M.  Fauntleroy. 
2  Thirty-two  pounders  of  57  cwt. 

ELIZABETH  RIVER  AND  VICINITY. 
Fort  Norfolk — ComTnander  A.  Sinclair. 

12  nine-inch  guns  of  9,000  pounds, 
4  thirty-two  pounders  of  51  cwt. 

Fort  Nelson — Naval  Hospital — Cammander  Charles  F.  McIn» 

TOSH. 

2  eight-inch  guns  of  55  cwt. 

8  thirty- two  pounders  of  57  cwt. 

6  thirty-two  pounders  of  51  cwt. 

Oraney  Island — Commander  Wm.  McBlair. 

1  ten-inch  pivot  gun,  1  Arrangements  have  been 

10  eight-inch  guns  of  63  cwt.  (made  for  mounting  thirty 

6  eight-itich  guns  of  55  cwt.  f  guns  in  all. 

4  thirty-two  pounder  guns  of  51  cwt.  J 

Biisli's  Bluff — Boatswain  Young,  volunteer, 

5  thirty-two  pounder  guns  of  42  cwt. 


m  [Doc.  No.  85.] 

Pinner''s  Point — Lieut.  George  W.  Harrison, 

6  thirty-two  pounders  of  57  cwt. 
3  thirty-two  pounders  of  51  cwt. 
3  thirty-two  pounders  of  42  cwt. 

SeioaWs  Point — Commander  Wm.  Lewis  Maury. 

6  nine-inch  guns,  1  Arrangements  have  been 

2  thirty-two  pounders  of  57  cwt.       >made  for  mounting  not 
2  thirty-two  pounders  of  27  cwt.      }  less  than  20  guns. 

LamberVs  Point — Lieut.  John  S.  Taylor. 
6  thirty- two  pounders  of  59  cwt. 

BarretVs  Point — Lieutenant  J.  Pembroke  Jones. 
6  Thirty-two  pounders  of  57  cwt. 

Town  Point. 

Number  and  calibre  of  guns  not  reported.  Arrrangements 
have  been  made  for  mounting  five  guns. 

Pig''s  Point — Commander  R,  B.  Pegham. 

4  Eight  inch  guns  of  55  cwt. 
4  Thirty-two  pounders  of  42  cwt. 

Frigate  ''United  States^  ^ — Receiving  Ship  -  Commander  T  rob, 

R.  ROOTES. 

Spar  Deck,  3  nine  inch  guns  of  9,000  pounds, 

Gun  Deck,  16  thirty-two  pounders  of  51  cwt. 

In  addition  to  preparing  this  vessel,  as  a  school  ship  for  drill- 
ing the  men,  she  has  been  provided  with  the  above  armament 
for  the  defence  of  the  yard  and  the  gun  park,  at  St.  Helena. 

The  frigate  "Merrimac"  has  been  raised,  and  is  now  in  Dry 
Dock,  at  Norfolk.  She  is  valued,  in  her  present  condition,  at 
not  less  than  $250,000. 

Arrangements  are  now  being  made  for  raising  the  sloops  of 
war  ^'Jamestown"  and  ''Plymouth." 

Office  of  Naval  Detail  and  Equipment, 
Richmond,  Va.,  June  10,  1861. 


[Doo.  No.  35.]  95 


(B.) 


LIST    OF    G-TJNS 


Sent  from  the  Norfolk  Navy  Yard  to  North  Carolina,  Tennessee) 
Louisiana  and  Georgia. 


NORTH  CAROLINA. 

2  Thirty-two  pounders  of  42  cwt. 

4  Thirty- two  pounders  of  27  cwt. 

4  Twenty-four  pounders  of  31  cwt. 
20  Thirty-two  pounders  of  61  cwt. 
]0  Thirty- two  pounders  of  57  cwt. 
10  Thirty-two  pounders  of  46  cwt. 
10  Eight-inch  guns  of  63  cwt. 
20  Thirty-two  pounder  carronades  17  or  18  cwt. 
80  Guns. 


TENNESSEE. 

10  Thirty-two  pounders  of  42  cwt. 
32  Thirty-two  pounders  of  61  cwt. 
42  Guns. 

10  Forty-two  pounders  of  70  cwt.  were  also  sent  from  Rich- 
mond. 


LOUISIANA. 

8  Eight-inch  guns  of  63  cwt. 
1  Nine-incli  gun  of  9,000  pounds. 
8  Thirty-two  pounders  of  33  cwt. 
4  Thirty-two  pounders  of  27  cwt. 
21  Guns. 


GEORGIA. 

2  Thirty-two  pounders  of  27  cwt. 


[DOC.  NO.  xxxvn.] 


REPORT 


OF  THE 


AUDITOR  OF  PUBLIC  ACCOUNTS, 


SXHIBITING  THK 


WHITE,  FREE  AND  SLATE  POPULATION, 


AND  THE  VALUE  OP 


BEAl  ESTATE  AND  PERSONAL  PROPERTY. 


ARRANQED  BY  DISTRICTS. 


.^iiL 


[Doc.  No.  37.] 


REPORT. 


Auditor's  Office,  ) 

Richmo7id,  Nov.  21,  1861.  J 
To  R.  L.  MONTAGUE,  E.q., 

President  of  ttie  Convention. 

Sir, — In  pursuance  of  a  resolution  of  the  Convention,  over 
which  you  preside,  adopted  on  this  day,  requesting  ''  the  Audi- 
tor of  Public  Accounts  to  furnish  to  the  Convention  a  table 
showing  the  white  population  of  each  county  in  the  State  ;  the 
number  of  white  male  inhabitants  above  the  age  of  twenty-one 
years  ;  the  negro  population  of  each  county  ;  and  a  statement 
showing  the  value  of  property  in  each  county,  real  and  per- 
sonal." I  have  the  honor  of  submitting  herewith  the  table 
desired,  with  a  request  that  you  will  lay  the  same  before  the 
Convention. 

The  information  had  been  obtained  and  forms  part  of  my 
report  for  the  next  General  Assem!)ly,  and  as  will  be  observed,  is 
arranged  by  geographical  districts.  I  have  not  deemed  the 
arrangement  of  sufficient  importance  to  change  the  same,  and 
trust  that  the  table,  as  arranged,  will  be  acceptable. 

I  am,  very  respectfully, 

Your  most  ob't  serv't, 

.1.  M.  BENNETT, 
Auditor  of  Public  Accounts. 


[Doc.  No.  37.] 


TABLE    A. 

Exhibiting;  the  while  male  persons  orer  21  years  of  age,  and  the  free  negro  and  slave 
population  \of  each  countij  and  city  in  the  state;  and  the  total  u bite  and  free  negro 
and  slave  popxilation;  also,  the  valne  of  real  'estate  and  personal  property  owned  by 
residents  of  each  county;  arranged  by  districts. 

EASTERN  VIRGINIA— Tide  Water  District. 


COUNTIES. 


Alexandria 

Accomac 

Charles  City 

Caroline 

Chesterfield  

Kssex 

Elizabeth  City 

Fairfax 

Greenes  ville 

Gloucester 

Hanover 

Henrico 

Isle  of  Wight 

James  City 

King  George 

King  William 

King  ife  (Jueen 

Lancaster 

Matthews 

Middlesex 

Nansemond, 

New  Kent 

Norfolk  county. . . . 
Northumberland.. . 

Northampton 

Princess  Anno 

Prince  George 

Prince  WilUiim 

Richmond  county. 

Stafiford 

Southani])ton 

Spotsylvania 

Surry 

Sussex 

Warwick 

Westmoreland 

York 


Total. 


&   h>   CJ 


CITIES  AND  TOWNS. 


Fredericksburg. 
Norfolk  city. ... 

Portsmouth 

Richmond 

Williamsburg.  . 


Total. 


1,110 

1,41  s 

4:)i 

,587 
,916 
734 
406 
,924 
3S1 
017 
,57« 
;,4n:{ 
,076 
27-2 

905 
4*5 
722 
501 

,1.52 
4^S 
206 
73;5 
640 
994 
700 

,814 
781 

,100 
243 
961 
5171 
729 
I5S 
785 
517' 


9,85s! 

10,6s7i 
l,S06l 
0,950 

10,01S 
8,295 
3,180 
8,047 
1,978 
4.5H' 
7,50s 

18,697| 
5,05:5 
1,412, 
2,515! 
2,5891 
8,801! 
1,9841 
3,865] 
1,866' 
5,742l 
2,146 
5,887' 
3,S7l! 
2,994] 
4,885 
2,91  s! 
5,(is9 
S..570 
4,92'J 
5,751 
4,896 
2,864 
8,118] 
OCv: 
3,886 
2,0N8 


ao,79S|  168,282 


079  .8,815 

1,7041  10,157 

1,627  8,7'.9 

4,102l  24,2s^ 

150i  714 


8,262    47,302 


1,408 
8,892 

856 
848 
644 
47>j 
201 
071 1 
284 
702 
288 

1,604 

l,8r>4 
926 
885 
4I5I 
888; 
80  >  I 
2181 
128| 

2,470 
864 

1,2271 
•220 1 
966 
193 
496 
520 
s20 
319 

1,750 

l,-:54 
673 
59! 

l,l!'2j 
07:| 


1,386 
4,507 
2,947 
10,672 
,s,8.V5 
6,696 
2,417 
8,117 
4,167 
5,730 
9,484 
8,842 
8,570 
1,8:58 
3,675 
5,525 
6,142 
2,869 
3,00s 
2,375 
5,481 
3,874 
8,53^ 
8,439 
8,872 
3,186 
4,990 
2,85(' 
2,466 
8,814 
5,409 
0,495 
2,515 
6,884 
1,019 
3,704! 
1,925 


12,652 

18,,5S6 

5,609 

18,465 

19,015 

10,469 

.5,798 

11,S85 

6,874 

10,9.50 

17,225 

28,64:5 

9,977 

4,176 

0,575 

8,529 

10,331 

.5,1.54 

7,091 

4,:5M 

13,698; 

5,884 

10,1.52 

7,r)30 

7,8:52 

7,714' 

8,410 

8,565 

6,8.56 

8,5,55 

12,910 

11,04S 

6,183 

10,17.5 

1,740 

8,2S2 

4,949 


5,066,42 

3,288,595 

1,305,827 

4,727,562 

4,273,429 

3,651,663 

2,390,530 

8,918,107 

1,824,494 

2,.58.5,441 

2,268,.8ss 

8,566,777 

1,842,295 

805,388 
1,926,844 
2,.547,S50 
2,465,794 
1,174,:550 
1,7S4,:590 
1,125,820 
2,570,890 
1,298,098 
2,94.5,414 
2,271,802 
2,792,995 
1,9.56,116 
2,108,425 
2,48:5,49 
1,228,165 
1,975,720 
1,882,092 
1,^1,680 
1,223,142 
1,786,654 

809,850 
1,920,894 

715,420' 


2,848,413 
3,418,229 
2,216,085 
9,196,405 
6,s78,00S 
6,980,348 
8,2.57,595 
8,270,314 
4,206,406 
4,740,689 
5,492,985 
8,001,472 
2,9S5,587 
1, 294,01  :J 
.3,755,494 
,3,671,600 
.5,177,:324 
2,462,375 
3,060,810 
1,727,768 
4,999,560 
2,178,800 
8,593,118 
3,198,127 
8,605,810 
2,654,374 
4,672,740 
2,825,290 
1,918,789 
4,008,937 
4,287,102 
4,926,58:5 
2,060,948 
6,727,1  oii 
619,:5s'> 
2,686,104 
1,060,910 


28,727  160,299:  357,258  $88,800,7091  $140,949,892 


422|  1,291  5,028 

1,028|  4,.582|  1.5,7i7l 

fM7'  9:^8  10,289 

1,987  11,699  87,973 

120  74S'  1,612 

4,114  19,203  70,619 


Aggregates I  44,060  215,684 


32..^!  179  502  427,8771 


16 


[Doc.  No.  3Y.] 


TABLE    A.-Continiied. 

Exhibiting  the  white  male  persons  over  21  years  of  age,  and  the  free  negro  and  slave 
populalicn  of  each  county  and  city  in  the  state;  and  the  total  lehile  and  free  negro  and 
slave  pnpiilalion;  also,  the  value  of  real  estate  and  personal  property  owned  by  resi- 
dents oj  each  county;  arranged  by  districts. 

EASTERN  VIRGINIA— Piedmont  District. 


COUNTIES. 


Albemarle 

Amelia 

Anilierst.  . . 

Api)<)niiittox 

Bcdfnni  .... 

Brui.snkk 

Buckingham 

C.uiipbell 

Clmrlotte 

Culp  p.r 

Cumberland 

Dinnicl,ii( 

Fauquier 

Franklin 

Fluvanna 

Greene.... 

Godchland 

H  ilifax  . . 

Henry  .... 

Loudoun 

Louis  I. 

Lunenbur 

Madison 

MrckUnbur; 

Ntls')n 

Noltoway 

OrangK 

Vatric  k 

Pittsj  h'ania  . 
Prince  E '.war 
Ponhat  n 
Kappahaiaiock. 


$S,6S4,S22 
7,2T0,.381 
5,785,876 
5,006,126 

11,897,809 
9,256,796 
8,5.57,258 
7,47.5,316 
9,20.3,953 
6,308,167 
7,305,3.50 
6,909,.552 
7,060,047 
6,682,206 
5,759,879 
1,964,948 
5,349,197 

14,337,908 
8,6S5,273 
8,620,796 
9,486,865 
8,011,602 
4,.532,565 

11,649,.398 
6,852,666 
6,101,601 
0,300,065 
2.-340,929 

14,937,087 
7,103,021 
5,5.5.5,755 
3,641,020 


[Doc.  No.  37.] 


TABLE    A.— Continued. 

Exhihiling  the  ichite  male  persom  over  21  years  of  ap^e,  and  the  free  ?ir^io  nvd  slave 
population  of  each  county  and  city  in  the  slate;  and  the  total  while  and  free  tienro  and 
slave  populalion;  also,  the  value  af  real  estate  and  peisonal  property  oxvned  by  reti- 
dents  of  each  county;  arranged  by  dislricls. 

VALLEY. 


COUNTIES. 


Alleghany.... 

Augusta 

Bath 

Berkeley 

Botetourt 

Clarke 

Craig 

Frederick  . . . 
Hampshire  . . 

Harriv 

Hifrhland.... 
Jefferson  . . . . 

Morgan 

Page 

Pendleton  .. 

Roanoke 

Rockt)ndge. . 
Rockinghiun  . 
Shenandoah , 
Warren 


Staunton  . . . 
Winchester.. 


Total.. 
TOWNS. 


Total. 


^  t-  <a 


5     4/ 


5,648 

IS,  COS 
•2,6f)2 
10,G()6 
8,444 
3,70 
S.KIC) 
10,07T 
12,481 
8,621 
3,8!t0 
10,092 
8.613 
6,875 
5,878 
5,25(i 
12,845 
20,4!)5 
12,820 
4,.'i86 


84,399 


526 
614 


1,140 


5,894 


TS3 


1,623 


3,800 
Aggregates... 85,539l  176,1.58  5,841  87,204  219,198 


170,2.59 


2,889 
8,005 


132 
468 

78 

269 
303 

6-1 

27 
.531 
219 
27(1 

27 
623 

24 
884 

48 
14!) 
42 
52(; 
814 
281 


108 
675 


990 

4,708 

946, 

1,650| 

2,709 

8,375 

420 

1,545 

1,213 

1,073 

40i 

1,960 

94 

850 

244 

2.C43 

3,984 

2,3,-,7 

7.";3 

1,.575 


35,581 


909 
714 


6,765 

23,844 

3,076 

12..525 

11,516 

7,146 

8,558 

12,.5;3 

13,913 

9,8tU 

4,:i  9 

14,575 

3,731 

8,109 

6,165 

8,048 

1 7,2.50 

23,408 

13,890 

6,442 


1, "57.405 
14,'!26,.«99 
1,73.',922 
5,08^,18-3 
4,:U1.347 
3,837,276 
l,i.5s.5.s5 
6,840,438 
7,451,2  5 
8,.572,MiS 
1,58%)21 
7,4.53,296 
737,591 
2,.526,274 
1 ,6W,.^67 
8,982,290 
7,16.5,-J72 
10,-'4(\512 
5,-J92,-.36 
2,286,'  'M> 


210,898  $92,942,(72  .$63,160,810 


3,906 
4,894 


[Doc.  No.  37.] 


TABLE    A-OontinTied. 

Exhibiting  the  white  male  persons  over  21  years  of  age,  and  the  free  negn 
population  of  each  county  and  city  in  the  state;  and  the  total  ivhite  and  free 
slave  population;   also,  the  value  of  real  estate  and  personal  property  oivne 
dents  of  each  county;  arranged  by  districts. 

TRANS-ALLEGHANY— Southwest. 


uy  resi- 


COUNTIES. 


Boone 

Buchanan  . . . 

Carroll 

Fayette 

Floyd 

Grayson 

Greenbrier  . . 

Giles 

Lee 

Logan  

Mercer 

Monroe 

Montgomery 
McDowell. . .. 

Pulaski 

Raleigh  .   . . . 

Russell 

Scott 

Smyth 

Tazewell  . . . . 
Washington.. 

Wise 

Wyoming. . . . 
Wythe 


!y  Qj  ti 


13 


846 

477 

l,46f. 

1,115 

1^51 

1,-38.') 

2,240 

1,104 

1,894 

824 

1,162 

1,957 

1,.')5S 

270 

741 

G41 

1,515 

2,080 

1,361 

1,719 

2,602 

747 

455 

1,997 


4,681 
2,762 
7,719 
5,716 
7,745 
7,65-3 

10,499 
6,051 

10,195 
4,789 
6,428 
9,.526 
8,259 
1,535 
3,814 
3,291 
9,080 

11,580 
7,734 
8,627 

14,098 
4,416 
2,797 
9,986 


1 
1 

31 

10 

16 

52 

186 

54 

13 

1 

28 

117 

139 


18 
19 
51 
52 

181 
91 

247 
26 


Total 31,526  168,8Sll  1,486  19,025l  189,-392  $51,910,8-30  $87,093,506 


153 

30 

262 

271 

475 

54 

1,525 

778 

824 

148 

862 

1,114 

2,217 


1,589 

57 

1,099 

490 

1,037 

1,202 

2,548 

66 

64 

2,162 


4,840 
2,793 

8,012 
5,997 

8,236 
8,252 

12,210 
6,888 

11,032 
4,938 
6,818 

10,757 

10,61 5| 
3,535 
5,416 
8,367 

10,1801 

12,073| 
8,952 
9,920i 

16,893 
4,508 
2,861 1 

12,305' 


524,989 

213,-357 

1,001,908 

1,409,657 

1,884,296 

1,464,938 

5,537,6'8 

1,820,049 

8,297,312 

508,520 

1,464,047 

4,245,516 

4,134,315 

9-3,190 

2,557,663 

569,665 

2,956,886 

2,119,937 

2,571,965 

3,104,524 

58,378,75 

569,287 

287,060 

4,786,262 


o  <i> 


423,838 

91,149 

784,848 

478,150 

978,852 

1,141,930 

2,851,100 

1,379,909 

1,159,0.37 

447,7.33 

827,615 

2,8.54,738 

3,4.58,145 

39,523 

2,113,786 

289,966 

3,772,037 

1,167,756 

1,719,826 

2,10^,283 

4,411,035 

248,995 

163,-372 

4,088,893 


w 


[Dor.  No.  .ST.] 


TABLE    A.-Coiicluded. 

Exhibiting  the  white  male  persons  over  21  years  of  age,  and  the  free  negro  and  slave 
population  of  each  county  and  city  in  the  state;  and  the  total  trhite  and  free  negro  and 
slave  population;  also,  the  value  of  real  estate  and  personal  property  otvned  by  resi- 
dents of  each  county;  aiTanged  by  districts. 

TRANS-ALLEGHANY— Northwest. 


COUNTIES. 


Barbour. . . . 

Braxton 

Brooke  

Cabell 

Calhoun 

Clay 

Doddridge .. 

Gilmer 

Hancock 

Harrison. . . . 

Jackson  

Kanawha. .. 

Lewis 

Marion , 

Marshall  . . . 

Mason 

Monongalia 

Nicholas 

Ohio 

Pleasants... 

Preston 

Pocahontas. 

Putnam  

Randolph  . . 

Ritchie 

Roane 

Taylor 

Tyler 

Tucker 

Upshur 

Wayne 

Wetiel , 

Webster 

Wirt 

Wood 


1,762 

1,007 

1,023 

1,490 

420 

3  4 

93."j 

644 

S84 

2,668 

1,545 

2,572 

1,454 

2,422 

2,18^ 

1,595 

2,415 

962 

4,186 

651 

2,585 

823 

1,179 

940 

1,176 

1,010 

1,394 

1,'<12 

255 

1,271 

1,271 

1,V35 

188 

7'i9 

2,639 


8,729| 
4,885 
5,425 
7,091 
2,492 
1,761 
5  168 
3,685 
4,442 

13,185 
8,240 

13,787 
7,760 

12,656 

12,986 
8,752 

12,9i'7 
4,470 

22, '96 
2,926 

13,188 
8,686 
5,708 
4,793 
6,809 
5,309 
7,300 
6,488 
1,396 
7,064 
6,604 
6,691 
1,552 
3,728 

10,791 


.2"S 


135 

95 

3 

104 

51 

18 

24 

8i5 

1 

9 

5 

21 

1 

34 

22 

52 

1 

2 

23 

5S? 

11 

55 

179  2,184' 

83  n(\^ 

2  68' 

86  29 

■  47.  386 

40,  101 

2'  lf4 

126  lOo! 

4  15; 

62  67; 

20  ^52 

13:  580 

14  lf-8 


1 


72 


M  112 

11  18 

12  20 
16  212 

...!  148 

2  10 


...I      23 
79     176 


8,959 
4,992 
5,494 
8,020 
2,502| 
1,787 
5,208l 
8,759 
4,445 

18,790] 
8,306 

16,150, 
8,0V  9 

19,721; 

13,001 
9,185 

18,048 
4,626 

22,422 
2,945 

13,312 
8,958 
6,801 
4,990 
6,847 
5,882 
7,463 
6,517 
1,428 
7,292 
6.747 
6,703 
1,555 
8,751 

11,046 


•3S 


784,487 

328,722 

1,498,722 

1,000,938 

118,187 

85,158 

828,892 

846,447 

1,<  18,708 

2,099,892 

458.791 

2,220,626 

860,271 

1,595,058 

1,064,491 

1,164,180 

1,814,232 

1,462,470 

4,476,616 

167,607 

1,457,204 

1,080,712 

1,064,064 

646,668 

604,475 

280,465 

879,166 

807,748 

92,612 

741,889 

510,698 

878,898 

54,000 

224,981 

1,181,079 

Total 1 48,898  255,20ll  1,027  6,448  262,676'  (69,062,170  $38,882,724 


2,863,066 

996,952 

8,086,024 

2,186,995 

40i,7P9 

180,854 

1,080'446 

766,642 

2,300,959 

5,021,996 

1,328,240 

3,297,941 

2,385,139 

3,306,048 

3,780,216 

V, 774,860 

8,571,754 

1,805,6  5 

8,538,904 

657,306 

2,688,076 

1,877,853 

1,5^3,495 

1,765,589 

1,807,004 

714,110 

1,84 i, 7 48 

1,721.036 

292,830 

1,750,805 

1,066,521 

886,456 

197,816 

683,819 

2,696,777 


f 


10 


[Doc.  No.  84.] 


Recapitulation  of  Table  A. 


1 

2 

8     1      4 

s 

C 

T 

DISTRICTS. 

let. 

i 

O 

£ 

S 
1 

i 

CO 

To 

"3 

ii 

> 

7J 

a 

■3" 

> 

Tide-Water 

44,060 
60,66») 
85,W9 
81,6'J6 
48,893 

210  «6S 

21&,J«4  82,S4l' 179,602 
28 ',776  16,()44  »4«i.649 
176,158    ^,S41     37,2t>4 
16>,'<81     1,4K6,    19,-26 
2M,20i;   1,027      6,44'? 

497,877 
496,671 
219,198 
189,392 
262,676 

88,800,769 

186,646,848 

92,942,072 

51,910,880 

69,054,170 

$487,761,689 

140,949,392 

Piedmont 

Valk'V   

2-'8,078,184 
68,I6<-,810 

Southwest  

37,r.98,50« 

Northwest 

82,282,724 

Aggregates 

1,047,647  67,tt»  401,0281,695,814 

|49«,609,61« 

AN    ORDINANCE 


OF  THE 


STA_TE    OF    VIKOINIA.. 


Whereas,  tlie  State  of  Virginia  has  made  every  honorable 

2  effort  to  restore  the  friendly  relations  which  should  exist  be- 

3  tween  the  General  Government  and  the  several  States  of  the 

4  Union — upon  terms  perfectly  just  to  all,  but  deeming  it  un- 
6  necessaiy  to  refer  to  the  causes  of  complaint  which  have 

6  existed  for  a  series  of  years,  still  more  aggravated  as  those 

7  causes  now  are  by  the  declared  purposes  of  a  mere  sectional 

5  majority — and  as  all  the  efforts  so  made  have  proved  una- 
9  vailing — without  reciting  the  differences  of  opinion  which 

10  exist  in  regard  to  the  powers  of  the  State  Government  or 

11  those  of  the  Government  of  the  United  States,  as  derived 

12  from  the  reserved  rights  of  the  one,  the  constitutional  autho- 

13  rity  of  the  other,  or  the  inherent  rights  of  the  people  consti- 

14  tuting  a  Government  which  seeks  to  protect  the  persons  and 

15  property  of  those  who  compose  and  who  have  ordained  and 


16  established  it^  against  the  abuses  of  such  Government  itself, 

17  or  which  arise  from  its  connexion  with  the  Government  of 

18  other  StateS;,  or  that  of  an  association  of  States — the  people  of 

19  Virginia,  in  Convention  assembled,  deem  it  proper  now  to 

20  declare  that  the  time  has  arrived  when  it  becomes  them  to 

21  assume,  as  they  do,  their  position  as  the  people  of  a  sovereign 

22  independent  State. 

1 .  Be  it,  therefore,  ordained  by  the  people  of  Virginia,  and 

2  theij  do  hereby  declare,  That  the  said   State  is  no  longer  one 

3  of  the  Union  of  States  known  as  the  United  States  of  Ame- 

4  rica,  and  that  the  people  of  the  said  State  owe  no  allegiance 

5  or  duty  to  any  other  Government  whatsoever. 

2.  Be  it  further  ordained,  as  it  is  hereby  declared.  That  the 

2  people  of  the  said  State  do  resume  all  the  rights  of  property 

3  or  the  use  thereof  which  have  been  granted,  by  the  said 

4  State  to  the  Government  of  the  United    States,  or  which 

5  have  in   anywise   accrued   to   the  same  by  reason  of  the 

6  connection  of  the  said  State  with  the  said  Government,  by 

7  the  assent  of  the  said  State,  given  with  a  view  to  the  pro- 

8  tection  of  her  own  people,  and  the  people  of  all  the  other 

9  States,  composing  a  Union  formed  under  an  agreement  that 

10  it  should  establish  justice — insure  domestic  tranquility — pro- 

11  vide  for  the  common  defence — promote  the  general  welfare 

12  and  secure  the  blessings  of  liberty  to  themselves  and  their 


3 

13  posterity — that  agreement  having  been  violated,  and  the  ob- 

14  jects  of  the  Union  perverted  so  as  to  defeat  the  purposes  of 

15  justice — to  destroy  the  very  foundations  of  domestic  tran- 

16  quiht}^ — to  lessen  the  means  of  common  defence — so  as  to 

17  disregard  tlie  objects  of  tlie  general  welfare  of  one    entire 
IS  section  of  the  Union,  and  thereby  to  entail,  in  that  section, 

19  injury  and  oppression  npon  the  people  thereof,  and  upon 

20  their  posterity  forever. 

3.  And  without  determining  at  this  time  whether  the  State 

2  of  Virginia  will  unite  herself  with  an}?-  other  State  or  asso- 

3  elation  of  States  in  any  common  Government,  this  Conven- 

4  tion  doth  respectfully  and  earnestly  request  that  the  States 

5  of  North  Carolina,  Tennessee,  Kentucky,  Maryland,  Mis- 

6  souri,  Arkansas  and  Delaware  will,  as  soon  as  possible,  ap- 

7  point  Commissioners  to  meet  Conunissioners,  to  be  appointed 
S  by  this  Convention,  in  the  City  of  Lexington,  in  the  State 
9  of  Kentucky,  on  the  last  Wednesday  in  May  next,  to  confer 

10  together  and  to  propose  a  plan  of  constructing  a  Government 

11  to  be  formed  by  the  said  States,  Virginia  inclusive,  and  the 

12  Confederate  States  of  America.     Such  plan  of  Government, 

13  however,  to  have  no  binding  authority  till  the  same  shall  be 

14  adopted  and  ratified  by  this  Convention.     And  for  the  better 

15  accomplishment  of  the  objects  intended,  the  said  Confederate 

16  States  of  America — ara,  also,  respectfully  requested  to  send 


4 

17  three  Commissioners  to  the  Conference  herein  proposed— 

18  who  shall  be  invited  at  such  time  as  may  be  agreeable  to 

19  them  to  address  the  same.     That  each  of  the  States  herein 

20  before  named,  shall  be  entitled  to  as  many  votes  as  it  had 

21  Representatives  and  Senators  in  the  last  Congress,  in  the 

22  Conference  herein  proposed.     That  the  Commissioners  to  be 

23  appointed  by  this  Convention,  shall  make  report  to  the  Go- 

24  vernor  of  this  Commonwealth,  as  speedily  as  possible,  of  the 

25  result  of  their  deliberations — whereupon  he  shall  make  known 

26  the  same  by  proclamation.     That  on  the  15th  day  after  the 

27  date  of  such  proclamation,  (unless  the  same  be  Sunday,  then 

28  on  the  next  day,)  this  Convention  shall  reassemble  in  the 

29  City  of  Richmond  at  such  place  as  the  Governor  shall  desig- 

30  nate  in  said  proclamation,  and  shall  then  and  there  consider 

31  the  report  of  the  said  commissioners  and  all  other  matters 

32  which  at  this  time  are  or  may  then  be  proper  subjects  for  de- 

33  liberation,  touching  the  future  relations  of  the  State  of  Vir- 

34  ginia  to  any  other  government  or  State. 

4.  And  it  is  hereby  ordained  and  declared  hij  the  people  of 

2  Virginia,  That  they  do  recognize  and  acknowledge  the  in- 

3  dependence  and  national ty  of  the  said  Confederate  States  of 

4  America;  and  that  they  will  extend  to  the  said  States  any  aid 

5  which  they  the  said  people  of  Virginia  can  command,  or  which 

6  may  be  necessary  to  enable  the  said  States  to  maintain  their 


5 

7  independence,  or  against  any  coercive  measures  which  may 

8  be  adopted  by  the  authorities  of  the  United  States. 

5.  Be  it  further  declared,  That  the  people  of  Virginia  have 

2  ever  cherished  an  ardent  attachment  for  the  Union  and  the 

3  Constitution  of  the  United  States  while  it  was  the  bond  of 

4  peace  and  fraternity;  and  that  it  can  now  only  be  restored 

5  upon  the  original  basis  by  an  amendment  of  the  Constitution 

6  through  the  primary  agency  of  the  non-slaveholding  States 

7  themselves  proposing  suitable  and  sure  guarantees,  and  by  a 

8  full  and  unconditional,  plain  and  positive  recognition  of  the 

9  rights  of  property  in  slaves,  as  held  under  the  laws  of  any  of 

10  the  States;  so  as  also  to  obtain  satisfactory  assurances  and 

11  guarantees,  for  the  future,  as  to  slavery  in  the  District  of  Co- 

12  lumbia;  as  to  the  powers  of  the  Federal  Government  over 

14  African  slavery,  and  the  employment  of  slave  labor  in  the 

15  forts,  arsenals,  dock  yards,  and  all  places  ceded  by  the  States 

16  for  Federal  uses;  as  to  protection  against  excessive  direct 

17  t;axes  on  slaves;  as  to  the  rendition  of  fugitive  slaves;  as  to 

18  the  transit  with  slaves  through  any  of  the  States  by  land  or 

19  water,  and  of  the  right  of  transportation  on  the  high  seas  of 

20  slaves  from  one  State  to  another  State  or  Territoy;  as  to  the 

21  protection  of  slave  property  in  the  common  territories  of  the 

22  United  States;  as  to  the  better  security  of  the  independence 


6 

23  of  the  judiciary^  and  for  protection  against  unjust  taxation  in 

24  the  form  of  excessive  imposts  laid  upon  foreign  importations 

6.  Be  it  further   declared,   That    the  people   of  Virginia, 

2  though  they  have  taken  their  position,  have  an  anxious  de- 

3  sire  to  preserve  the  peace,  and  would,  therefore,  regard  any 

4  action  of  the  Federal  Government  tending  to  produce  a  col- 

5  lision,  pending  negotiations  for  the  adjustment  of  existing 

6  difficulties,  as  aggressive  and  injurious  to  the  interests  and 

7  offensive  to  the  honor  of  this  State;  and  they  would  regard 

8  any  action  on  the  part  of  the  Confederate  States  of  America, 

9  tending  to  produce  a  like  collision,  as  hurtful  and  unfriendly, 

10  and  as  leaving  the  people  of  Virginia  free  to  determine  their 

11  future  policy. 

7.  Be  it  also  further  declared,  That  the  President  of  this 

2  Convention  shall  immediately  cause  copies  of  this  ordinance 

3  to  be  forwarded    to  the   Governors  of  each  of  the   United 

4  States,  as  the  same  existed  on  the  first  day  of  December 

5  1860,  to  the  President  of  the  Confederate  States  of  Ame- 

6  rica,  and  to  the  President  of  the  United  States.     And  it  is 

7  further  ordained,  that  this  Convention  will  proceed  at  once 

8  to  the  appointment,  viva  voce,  of  fifteen  commissioners  to  at- 

9  tend  on  behalf  of  this  State,  the  Conference  herein  proposed 

10  to  be  holden;  and  it  is  provided,  also,  that  if  commissioners 

11  shall  fail  to  attend  the  said  Conference,  from  the  other  States 


7 

12  named  in  the  third  clause  of  this  ordinance,  so  that  the  said 

13  Conference  shall  not  be  holden,  then  the  said  commissioners 

14  from  this  State  shall,  in  like  manner,  report  the  fact  to  the 

15  Governor,  who  shall  make  proclamation  thereof,  when  also 

16  this  Convention  shall  reassemble  at  the  time  herein  provided 

17  for. 

8.  But  this  Convention,  anxious  as  it  is  to  take  no  step  to 

2  disturb  existing  relations,  only  so  far  as  is  necessaiy,  but 

3  seeking  to  avoid  any  collision,  doth  suspend  the  operation  of 

4  the  second  clause  of  this  ordinance  till  such  time  as  it  may 

5  deem  proper  to  enforce  the  same,  and  with  a  view  to  an  ad- 

6  justment  of  the  pending  difficulties,  through  the  agency  of 

7  the  Conference  herein  provided  for,  and  by  a  returning  sense 
S  of  justice  among  the  people  of  all  sections. 


SUBSTnUTE 


For  the  Jirst  section  of  the  report  c 
Relations,  proposing  amendment, 
United  States,  presented  by  Mr.  1 


'  the  Committee  on  Federal 
to  the  Constitution  of  the 
OYD,  March  21,  1861. 


In  all  the  present  territory  of  thd  United  States,  north  of  the 

2  parallel  of  thirty-six  degrees  and  thirty  ininiites  of  north  lati- 

3  tude,  involuntary  servitude,  excipt  in  punishment  of  crime, 

4  is   prohibited.     In    all    tlie   present   territory  of  the    United 

5  States  south  of  said  line  of  latitiiie,  involuntary  servitude  or 

6  slavery  of  the  African  race  is  hereby  recognized  as  existing, 

7  any  law  or  usage  to  the  contrary  notwithstanding;  and  no 

8  law  shall  be  framed  by  Congress  or  by  the  territorial  legisla- 

9  tnre,  to   hinder  or   prevent  the  taking  of  persons  held  in 

10  slavery  or  involuntary  servitude,  from  any  of  the  States  of 

11  this  Union  to  said  territory,  nor  to  impair  the  rights  arising 

12  from  said  relation;  but  the  same  shall  bo  subject  to  judicial 

13  cognizance  in  the  Federal  courts,  according  to  the  remedies 

14  and  practice  of  the  common  law;  and  said  relation  shall  be 

15  protected  by  all  the  departments  of  the  territorial  Govern- 

16  ment.    When  any  territory  north  or  soutii  of  said  line,  within 


17  such  boundary  as  Conress  may  prescribe,  shall  contain  a 

18  population  equal  to  thafrequired  for  a  member  of  Congress, 

19  it  shall,  if  its  form  of  gcernment  be  republican,  be  admitted 

20  into  the  Union  on  an  eqial  footing  with  the  original  States, 

21  with  or  without  involunary  servitude,  as  such  Constitution 

22  of  the  State  may  provide.     In  all  territory  which  may  here- 

23  after  be  acquired  by  the  United  States,  involuntary  servitude 

24  is  prohibited,  except  for  ;rime,  north  of  the  latitude  of  thirty- 

25  six  degrees  thirty  minucs;  but  shall  not  be  prohibited  by 

26  Congress  or  any  territor.al  legislature  south  of  said  line. 


REPORT 

Of  the  Committee  on  Fedei^al  Relations,  proposing  amendments 
to  the  Constitution  of  the  United  States. 


The  Committee  on  Federal  Relations  have,  according  to  or- 
2  der,  had  under  consideration  sundry  resolutions  to  them  rc- 
S  ferred,  and  amendments  proposed  to  the  Federal  Constitu- 

4  tion,  and  beg  leave  to  report  the  following  amendments  to  be 

5  proposed  to  the  Constitution  of  the  United  States;    to  be 

6  appended  to  their  former  report: 

ARTICLE  XIII. 
Section  1.  In  all  the  present  territory  of  the  United  States, 

2  north  of  the  parallel  of  thirty-six  degrees  and  thirty  minutes 

3  of  north  latitude,  involuntary  servitude,  except  in  punish- 

4  ment  of  crime,  is  prohibited.     In  all  the  present  territory, 

5  south  of  that  line,  involuntary  servitude,  as  it  now  exists, 

6  shall  remain  and  shall  not  be  changed;  nor  shall  any  law  be 

7  passed  by  Congress  or  the  territorial  legislature  to  hinder  or 

8  prevent  the  taking  of  persons  held  to  service  or  labor,  from 
0  any  of  the  States  of  this  Union  to  said  territory;  nor  to  im- 


2 

10  pair  the  rights  arising  from  said  relation;  nor  shall  said  rights 

11  be  in  any  manner  affected  by  any  preexisting  law  of  Mexico; 

12  but  the  same  shall  be  subject  to  judicial  cognizance  in  the 

13  Federal  courts,  according  to  the  remedies  and  practice  of  the 

14  common  law.     When  any  territory,  north  or  south  of  said 

1 5  line,  within  such  boundary  as  Congress  may  prescribe,  shall 

16  contain  a  population  equal  to  that  required  for  a  member  of 

17  Congress,  it  shall,  if  its  form  of  government  be  republican, 

18  be  admitted  into  the  Union  on  an  equal  footing  with  the 

19  original  States,  with  or  without  involuntary  servitude,  as 

20  such  Constitution  of  the  State  may  provide.     In  all  territory 

21  which  may  hereafter  be  acquired  by  the  United  States,  invo- 

22  luntary  servitude  is  prohibited,  except  for  crime,  north  of  the 

23  latitude  of  thirty-six  degrees  and  thirty  minutes;  but  shall 

24  not  be  prohibited  by  Congress  or  any  territorial  legislature 

25  south  of  said  line. 

Section  2.  No  territory  shall  be  acquired  by  the  United 

2  States,  except  by  discovery  and  for  naval  and  commercial 

3  stations,  depots  and  transit  routes,  without  the  concurrence 

4  of  a  majority  of  all  the  senators  from  States  which  allow  in- 

5  voluntary  servitude,  and  a  majority  of  all  the  senators  from 

6  States  which  prohibit  that  relation;  nor  shall  territory  be  ac- 

7  quired  by  treaty,  unless  the  votes  of  a  majority  of  the  sena- 

8  tors  from  each  class  of  States  hereinbefore  mentioned  be  cast 


3 

9  as  a  part  of  the  two-third  majority  necessary  to  the  ratifica- 
10  tion  of  such  treaty. 

Section  3.  Neither  the  Constitution,  nor  any  amendment 

2  thereof,  shall  be  construed  to  give  Congress  power  to  legis- 

3  late  concerning  involuntary  servitude  in  any  State  or  territory 

4  wherein  the  same  is  acknowledged  or  may  exist  by  the  laws 

5  thereof,  nor  to  interfere  with  or  abolish  the  same  in  the  Dis- 

6  trict  of  Columbia,  without  the  consent  of  Maryland  and  Yir- 

7  ginia,  and  without  the  consent  of  the  owners,  or  making  the 

8  owners,  who  do  not  consent,  just  compensation;    nor  the 

9  power  to  interfere  with  or  prohibit  representatives  and  others 

10  from  bringing  with  them  to  the  District  of  Columbia,  retain- 

11  ing  and  taking  away,  persons  so  held  to  labor  or  service,  nor 

12  the  power  to  interfere  with  or  abolish  involuntary  service  in 

13  places  under  the  exclusive  jurisdiction  of  the  United  States 

14  within  those  States  and  territories  where  the  same  is  esta- 

15  blished  or  recognized;  nor  the  power  to  prohibit  the  removal 

16  or  transportation,  by  land  or  water,  of  p'ersons  held  to  labor, 

17  or  involuntary  service  in  any  State  or  territory  of  the  United 

18  States  to  any  other  State  or  territory  thereof,  where  it  is  csta- 

19  blished  or  recognized  by  law  or  usage;  and  the  right  during 

20  transportation,  by  sea  or  river,  of  touching  at  ports,  shores 

21  and  landings,  and  landing  in  case  of  need  shall  exist,  but 

22  not  the  right  of  sojourn  or  sale  in  any  State  or  territory 


4 

23  against  the  laws  thereof.     Nor  shall  Congress  have  power  to 

24  authorize  any  higher  rate  of  taxation  on  persons  held  to  labor 

25  or  service  than  on  land. 

26  The  bringing  into  the  District  of  Columbia  persons  held  to 

27  laborer  service  for  sale^  or  placing  them  in  depots  to  be  after- 

28  wards  transferred  to  other  places  for  sale  as  merchandise, 

29  is  prohibited. 

Section  4.  The  third  paragraph  of  the  second  section  of 

2  the  fourth  article  of  the  Constitution  shall  not  be  construed 

3  to  prevent  any  of  the  States^  by  appropriate  legislation,  and 

4  through  the  action  of  their  judicial  and  ministerial  officers, 

5  from  enforcing  the  delivery  of  fugitives  from  labor  to  the  per- 

6  son  to  whom  such  service  or  labor  is  due. 

Section  5.  The  importation  of  slaves,  coolies  or  persons 

2  held  to  service  or  labor,  into  the  United  States,  and  the  terri- 

3  tories  from  places  beyond  the  limits  thereof  is  hereby  forever 

4  prohibited. 

Section  6.  Congress  shall  provide  by  law  that  the  United 

2  States  shall  pay  to  the  owner  the  full  value  of  his  fugitive 

3  from  labor,  in  all  cases  where  the  marshal,  or  other  officer, 

4  whose  duty  it  was  to  arrest  such  fugitive,  was  prevented  from 

5  so  doing  by  intimidation  from  mobs  or  riotous  assemblages 
G  or  by  violence,  or  when,  after  arrest,  such  fugitive  was  res- 


5 

7  cued  by  like  intimidation  or  violence,  and  the  owner  thereby 

8  deprived  of  the  same. 

Section  7.  The  elective  franchise  and  the  right  to  hold  of- 

2  fice,  whether  federal  or  territorial,  shall  not  be  exercised  by 

3  persons  who  aie  of  the  African  race. 

Section  8.  No  one  of  these  amendments,  nor  the  third 

2  paragraph  of  the  second  section  of  the  first  article  of  the  Con- 

3  stitution,  nor  the  third  paragraph  of  the  second  section  of 

4  the  fourth  article  thereof,  shall  be  amended  or  abolished  with- 

5  out  the  consent  of  all  the  States. 


-d  e.-^*^  c^^  y^^tf^ 


SUBSTITUTE 

I^r  the  Report  of  the  Committee  on  Federal  Relations,  presented 
by  Mr.  Goggin,  March  16,  18(jl. 


AN  ORDINANCE  or  THE  STATE  OF  VIRGINIA. 

Whereas,  the  State  of  Virginia  has  made  every  honorable 

2  effort  to  restore  tlie  friendly  relations  which  should  exist  be- 

3  tween  the  General  Government  and  the  several  States  of  the 

4  Union — upon  terms  perfectly  just  to  all,  but  deeming  it  un- 

5  necessary  to  refer  to  the  causes  of  complaint  which  have 

6  existed  for  a  series  of  years,  still  more  aggravated  as  those 

7  causes  now  arc  by  the  declared  purposes  of  a  mere  sectional 

8  majority — and  as  all  the  efforts  so  made  have  proved  una- 

9  vailing — without  reciting  the  differences  of  opinion  which 

10  exist  in  regard  to  the  powers  of  the  State  Government  or 

11  those  of  the  Government  of  the  United  States,  as  derived 

12  from  the  reserved  rights  of  the  one,  the  constitutional  autho- 

13  rity  of  the  other,  or  the  inherent  rights  of  the  people  consti- 

14  tuting  a  Government  which  seeks  to  protect  the  persons  and 

15  property  of  those  who  compose  and  who  have  ordained  and 


% 


2 

16  establislied  it,  against,  the  abuses  of  surh  Government  itself, 

17  or  which  arise  from  its  connexion  with  the  Government  of 

18  other  States,  or  that  of  an  association  of  States — the  people  of 

19  Virginia,  in  Convention  assembled,  deem  it  proper  now  to 

20  declare  that  tlte  time  has  ai'i'ived  when  it  becomes  them  to 

21  assume,  as  they  do,  their  position  as  the  people  of  a  sovereign 

22  independent  State. 

1 ,  Be  it,  therefore,  ordained  by  the  people  of  Virginia,  and 

2  tJieij  do  hereby  declare,  That  the  said   State  is  no  longer  one 

3  of  the  Union  of  States  known  as  the  United  States  of  Ame- 

4  rica,  and  that  the  people  of  the  said  State  owe  no  allegiance 

5  or  duty  to  any  other  Government  whatsoever.      ^ 

2.  Be  it  further  ordained,  as  it  is  hereby  declaimed,  That  the 

2  people  of  the  said  State  do  resume  all  the  rights  of  property 

3  or  the  nse  thereof  which  have  been  granted,  by  the  said 

4  State  to  the  Government  of  the  United    States,  or  which 
S^iave   in   anywise   accrued    to   the   same  by  reason  of  the 

6  connection  of  the  said  State  with  the  said  Government,  by 

7  the  assent  of  the  said  State,  given  with  a  view  to  the  pro- 

8  tection  of  her  own  people,  and  the  people  of  all  the  other 

9  States,  composing  a  Union  formed  under  an  agreement  that 

10  it  should  establish  justice — insure  domestic  tranquility — pro- 

11  vide  for  the  common  defence — promote  the  general  welfare 

12  and  secure  the  blessings  of  liberty  to  themselves  and  their 


3 

13  posterity — tliat  agreement  liaving  been  violated,  and  the  ob- 

14  jects  of  the  Union  perverted  so  as  to  defeat  the  purposes  of 

15  justice — to  destroy  the  very  foundations  of  domestic  tran- 

16  quihty — to  lessen  tlic  means  of  common  defence — so  as  to 

17  disregard  the  objects  of  the  general  welfare  of  one   entire 

18  section  of  the  Union,  and  thereby  to  entail,  in  that  section, 

19  injury  and  oppression  upon  the  people  thereof,  and  upon 

20  their  posterity  forever. 

3.  And  "without  dctcrniining  at  tliis  time  whether  the  State 

2  of  Alrginia  will  unite  herself  with  any  other  State  or  asso- 

3  ciation  of  States  in  any  common  Govermnent,  this  Conven- 

4  tion  doth   respectfully  and  earnestly  request  that  the  States 

5  of  North  Carolina,  Tennessee,  Kentucky,  Maryland,  Mis- 

6  souri,  Arkansas  and  Delaware  will,  as  soon  as  possible,  ap- 

7  jioint  Commissioners  to  meet  Commissioners,  to  be  apiminted 

8  by  this  Convention,  in  tlie  City  of  Lexington,  in  the  State 

9  of  Kentucky,  on  the  last  ATednesday  in  May  next,  to  confer 
10.  together  and  to  propose  a  plan  of  constructing  a  Government 

11  to  be  formed  by  tlic  said  States,  Virginia  inclusive,  and  the 

12  Confederate  States  of  America.     Such  plan  of  Government, 

13  however,  to  have  no  binding  authority  till  the  same  shall  be 

14  adopted  and  ratified  by  this  Convention.     And  for  the  better 

15  accomplishment  of  the  objects  intended,  the  said  Confederate 

16  States  of  America — are,  also,  respectfully  requested  to  send 


4 
17  three  Commissioners  to  the  Conference  herein  proposed — 
IS  who  sliall  be  invited  at  such  time  as  may  be  agreeable  to 

19  them  to  address  the  same.     That  each  of  the  States  herein 

20  before  named,  shall  be  entitled  to  as  many  votes  as  it  had 

21  Representatives  and  Senators  in  the  last  Congress,  in  the 

22  Conference  herein  proposed.     That  the  Commissioners  to  be 

23  appointed  by  this  Convention,  shall  make  report  to  the  Go- 

24  vernor  of  this  Commonwealth,  as  speedily  as  possible,  of  the 

25  result  of  their  deliberations — whereupon  he  shall  make  known 

26  the  same  by  proclamation.     That  on  the  15th  day  after  the 

27  date  of  such  proclamation,  (unless  the  same  be  Sunday,  then 

28  on  the  next  day,)  this  Convention  sliall  reassemble  in  the 
20  City  of  Richmond  at  such  pluce  as  the  Governor  shall  desig- 

30  nate  in  said  proclamation,  and  shall  then  and  there  consider 

31  the  report  of  the  said  commissioners  and  all  other  matters 

32  which  at  this  time  are  or  may  then  be  proper  subjects  for  de- 

33  liberation,  touching  the  future  relations  of  the  State  of  Vir- 

34  ginia  to  any  other  government  or  State. 

4.  And  it  is  hereby  ordained  and  declared  by  the  people  of 

2  Virginia,  That  they  do  recognize  and  acknowledge  the  in- 

3  dependence  and  nationality  of  the  said  Confederate  States  of 

4  America;  and  that  they  will  extend  to  the  said  States  any  aid 

5  which  they  the  said  people  of  Virginia  can  command,  or  which 

6  may  be  necessary  to  enable  the  said  States  to  maintain  their 


5 

7  independence,  or  against  any  coercive  measures  which  may 

8  be  adopted  by  the  authorities  of  the  United  States. 

5.  Be  it  further  declared,  That  tlie  people  of  Virginia  have 

2  ever  cherished  an  ardent  attachment  for  the  Union  and  the 

3  Constitution  of  the  United  States  wliile  it  was  the  bond  of 

4  peace  and  fraternity;  and  tliat  it  can  now  only  be  restored 

5  upon  tlic  original  basis  by  an  amendment  of  the  Constitution 

6  through  the  primary  agency  of  tlie  non-slaveholding  States 

7  themselves  proposing  suitable  and  sure  guarantees,  and  by  a 

8  full  and  unconditional,  plain  and  positive  recognition  of  the 

9  rights  of  property  in  slaves,  as  held  under  the  laws  of  any  of 

10  the  States;  so  as  also  to  obtain  satitifactory  assurances  and 

11  guarantees,  for  the  future,  as  to  slavery  in  the  District  of  Co- 

12  lumbia;  as  to  the  powers  of  the  Federal  Government  over 

13  African  slavery,  and  the  employment  of  slave  labor  in  the 

14  forts,  arsenals,  dock  yards,  and  all  places  ceded  by  the  States 

15  for  Federal  uses;  as  to  protection  against  excessive  direct 

16  taxes  on  slaves;  as  to  the  rendition  of  fugitive  slaves;  as  to 

17  the  transit  with  slaves  through  any  of  the  States  by  land  or 

18  water,  and  of  the  right  of  transportation  on  the  high  seas  of 

19  slaves  from  one  State  to  another  State  or  Territoy;  as  to  the 

20  protection  of  slave  property  in  the  common  territories  of  the 

21  United  States;  as  to  the  better  security  of  the  independence 


6 

22  of  the  judiciary,  and  for  protection  against  unjust  taxation  in 

23  the  form  of  excessive  imposts  laid  upon  foreign  importations 

6.  Be  it  further   declared,   That    the  people   of  Virginia, 

2  though  they  have  taken  their  position,  have  an  anxious  de- 

3  sire  to  preserve  the  peace,  and  would,  therefore,  regard  any 

4  action  of  the  Federal  Government  tending  to  produce  a  col- 

5  lision,  pending  negotiations  for  the  adjustment  of  existing 

6  difficulties,  as  aggressive  and  injurious  to  the  interests  and 

7  offensive  to  the  honor  of  this  State;  and  they  would  regard 

8  any  action  on  the  part  of  the  Confederate  States  of  America, 

9  tending  to  produce  a  like  collision,  as  hurtful  and  unfriendly, 

10  and  as  leaving  the  people  of  Virginia  free  to  determine  their 

11  future  policy. 

7.  Be  it  also  further  declared,  That  the  President  of  this 

2  Convention  shall  immediately  cause  copies  of  this  ordinance 

3  to  be  forwarded   to  the   Governors  of  each  of  the   United 

4  States,  as  the  same  existed  on  the  first  day  of  December 

5  1860,  to  the  Presideut  of  the  Confederate  States  of  Ame- 

6  rica,  and  to  the  President  of  the  United  States.     And  it  is 

7  further  ordained,  that  this  Convention  Avill  proceed  at  once 

8  to  the  appointment,  viva  voce,  of  fifteen  commissioners  to  at- 

9  tend  on  behalf  of  this  State,  the  Conference  herein  proposed 

10  to  be  holden;  and  it  is  provided,  also,  that  if  commissioners 

11  shall  fail  to  attend  the  said  Conference,  from  the  other  States 


7 

12  named  in  the  third  clause  of  this  ordinance,  so  that  the  said 

13  Conference  shall  not  be  holden,  then  the  said  commissioners 

14  from  this  State  shall,  in  like  manner,  report  the  fact  to  the 

15  Governor,  who  shall  make  proclamation  thereof,  when  also 

16  this  Convention  shall  reassemble  at  the  time  herein  provided 

17  for. 

^  8.  But  this  Convention,  anxious  as  it  is  to  take  no  step  to 

2  disturb  existing  relations,  only  so  far  as  is  necessary,  but 

3  seeking  to  avoid  any  collision,  doth  suspend  the  operation  of 

4  the  second  clause  of  this  ordinance  till  such  time  as  it  may 

5  deem  proper  to  enforce  the  same,  and  with  a  view  to  an  ad- 

6  justraent  of  the  pending  dilliculties,  through  the  agency  of 

7  the  Conference  herein  provided  for,  and  by  a  returning  sense 

8  of  justice  among  the  people  of  all  sections. 


RESOLUTIONS 

Submitted  by  Mr.  Burley,  March  IG,  1S61, 


1.  Resolved,  That  this  Convenlion  can  see  no  reason  for  de- 

2  parting  from  the  faith  of  our  fathers,  and  from  the  principFes 

3  on  which  the  Government  of  tlie  United  States  was  founded, 

4  and,  therefore,  we  declare,  in  the  name  of  our  constituents, 

5  the  people  of  Virginia,  that  the  Constitution  of  the  United 

6  States  was,  in  the  language  of  Mr.  Madison,  adopted  by  the 

7  people  of  the  several  States,  who  were  parties  to  the  compact 

8  in  their  highest  sovereign  capacity,  '^in  toto  and  forever." 

2.  Resolved,  As  the  fixed  and  deliberate  opinion  of  this  Con- 

2  vcntion,  that  nullification  and   secession   are   fallacies  and 

3  heresies,  and  in  the  language  of  Mr.  Madison,  "^^both  spring 

4  from  the  same  poisonous  root;"  that  they  had  no  place  in 

5  the  minds  of  the  framers  of  the  Constitution,  and  are  politi- 

6  cal  anomalies  in  government  which  the  sound  practical  sense 

7  of  the  people  will  never  adopt  or  submit  to,  and  which,  if 


2 

8  once  recognized,  will  utterly  and  entirely  overthrow  all  pos- 

9  sibility  of  establishing  a  fixed  and  permanent  Government 
10  on  this  continent. 

3.  Resolved,   In  the  language  of  the   illustrious  statesman 

2  above  referred  to,  whom  the  people  of  Virginia  have  been 

3  taught  to  venerate  and  revere  as  the  wisest,  safest  and  truest 

4  expounder  of  the  Constitution  which  he  so  largely  contributed 

5  to  construct;  that  that  instrument  makes  the  Government  to 

6  operate  directly  on  the  people,  places  at  its  command  the 

7  needful  physical  means  of  executing  its  powers,  and  finally 
S  proclaims  its  supremacy,  and  that  of  the  laws  made  in  pur- 
9  suance  of  it  over  the  Constitution  and  laws  of  the  States, 

10  subject  to  the  revolutionaiy  rights  of  the  people  in  extreme 

11  cases;  that  a  political  system  that  does  not  provide  for  a 

12  peaceable  and  authoritative  termination  of  existing  contro- 
ls versies  would  not  be  more  than  the  shadow  of  a  Govern- 

14  mcnt,  the  object  and  end  of  a  real  Government  being  the 

15  substitution  of  law  and  order  for  uncertainty,  confusion  and 

16  violence;  that  in  the  event  of  a  failure  of  every  constitutional 

17  resort,  and  an  accumulation  of  usurpations  and  abuses  ren- 

18  dering  passive  obedience  and  non-resistance  a  greater  evil 

19  than  resistance  and  revolution,  there  can  remain  but  one 

20  resort,  the  last  of  all — an  appeal  from  the  cancelled  obliga- 

21  tions  of  the  Constitutional  Compact  to  the  original  rights  and 


3 

22  the  law  of  self-preservation.     This  is  the  ultima  ratio  of  all 

23  governments,  whether  consolidated,  confederated,  or  a  com- 

24  pound  of  both.     It  cannot  be  doubted  that  a  single  member 

25  of  the   Union,   in  the  extremity   supposed — but  in   that 

26  ONLY— would  have  a  right,  as  an  extra  and  ultra  constitu- 

27  tional  right,  to  make  the  appeal. 

4.  Resolved,  That  the  forts,  fortifications,  armies,  arsenals, 

2  arms,  ammunition,  ships-of-war,  custom-houses,  mints,  post- 

3  offices,  and  other  property  of  the  United  States,  can,  by  the 

4  Constitution,  be  disposed  of  only  by  Congress,  and  that  no 

5  portion  of  the  people  have  any  interest  in  or  claim  to  any 

6  part  thereof,  after  they  cease  to  be  citizens  of  the  United 

7  States,  and  when  they  no  longer  participate  in  the  payment 
S  of  its  debts  or  in  the  defence  of  the  institutions  of  the  coun- 
9  try. 

5.  Resolved,  That  while  no  doubt  can  exist  on  the  minds  of 

2  this  body  of  the  right  and  the  obhgation  of  the  Government  to 

3  execute  all  its  laws  fairly,  impartially  and  promptly  upon  all 

4  its  citizens,  without  distinction  or  discrimination,  yet,  under 

5  the  extraordinary  condition  of  things,  as  they  now  exist,  we 

6  earnestly  and  anxiously  urge  upon  tlie  Executive  Depart- 

7  mcnt  of  the  Government  the  policy  of  abstaining  from  the 

8  exercise  of  such  power  at  any  point  where  such  attempt 

9  would  be  likely  to  occasion  collision,  so  long  as  there  are  ef- 


4 

10  forts  to  be  made  hy  the  other  States  or  hopes  to  be  indulged 

11  of  a  final  and  peaceful  settlement  of  the  difficulties  with 

12  which  the  country  is  embarrassed. 

6,  Resolved,  That  the  right  of  revolution  above  recognized, 

2  can  be  exercised  as  well  by  a  portion  of  the  citizens  of  a 

3  State  against  their  State  government,  as  it  can  be  exercised 

4  by  the  whole  people  of  a  State  against  their  Federal  Govern- 

5  ment;  and,  when  the  powers  of  a  State  Government  are  used 
G  for  purposes  of  unjust  discriminations  against  a  portion  of  the 
7  citizens,  or  a  particular  section  of  the  State,  in  imposing  upon 
S  one  portion  or  section  an  undue  proportion  of  the  burdens  of 
9  the  State  Government,  and  in  exempting  from  taxation  a  pe- 

10  culiar  species  of  property  belonging,  to  a  great  extent,  to  an- 
il other  portion  of  the  citizens,  and  located  mostly  in  another 

12  section  of  the  State,  thus  increasing  taxation  upon  all  other 

13  interests  in  order  to  favor  a  "^peculiar  interest;"  the  people 

14  thus  oppressed,  after  having  exhausted  all  constitutional  ef- 

15  forts  to  obtain  redress,  would  be  justified  in  resisting  the  col- 

16  lection  of  all  rcevnue  fi'om  them  mitil  the  injustice  aforesaid 

17  was  removed.     And  that  any  change  of  the  relation  Virginia 
IS  now  sustains  to  the  Federal  Government,  against  the  wishes 

19  of  even  a  respectable  minority  of  her  people,  would  be  such 

20  an  act  of  injustice  perpetrated  upon  the  rights  of  that  mi- 

21  nority  as  to  justify  them  in  changing  their  relation  to  the 


5 

22  State  Government,  by  separating  themselves  from  that  sec- 

23  tion  of  the  State  that  had  thus  wantonly  disregarded  their 

24  interests  and  defied  their  will,  particularly  when  the  cause 

25  assigned  ior  the  change  of  Virginia's  relation  to  the  said  Fe- 

26  deral  Government,  is  the  alleged  insecurity  in  the  said  last 

27  mentioned  Government  of  the  peculiar  species  of  property 

28  thus,  protected  by  the  organic  law  of  the  State  from  contribu- 

29  ting  its  due  share  to  the  supjwrt  of  the  said  State  Govern- 

30  ment,  by  prohibiting  the  taxing  of  a  large  portion  of  said  pro- 

31  perty,  and  limiting  the  portion  subject  to  taxation  to  a  spe- 

32  cific  tax  far  less  than  that  imposed  upon  even  other  species  of 

33  property. 


PARTIAL    REPORT 


FROM    THE 


commit™  on  FIDIRAI 


PRESENTED 
MA^UCH   9,   18G1. 


The  Committee  on  Federal  Relations  Jhave,  according  to  or- 

2  der,  had  under  consideration  the  several  propositions  referred 

3  to  them,  and  beg  leave  to  report  for  consideration  and  adop- 

4  tinn  by  the  Convention,  the  following  preamble  and  resolu- 

5  tions:  ^ 

The  representatives  of  the  people  of  Virginia  in  Convention 
2  assembled,  are  profoundly  sensible  of  the  difficulty,  delicacy 
[3  and  importance  of  the  duty  which,  in  obedience  to  the  popu- 
4  lar  Avill,  they  have  assumed  to  perform. 

They  feel  that  the  controversy  which  unfortunately  distracts 

2  and  divides  our  country  has  brought  about  a  condition  of 

3  public  affairs  for  which  history  has  no  parallel  and  the  expe- 

4  rience  of  governments  no  precedent. 

They  recognize  the  fact  that  the  great  questions  which  press 


2  for  consideration  are  of  entire  novelty  und  of  great  intrinsic 

3  difficulty,  and  that  their  proper  sohition  will  require  on  the 

4  part  of  our  governments,  State  and  Federal,  and  of  our  peo- 

5  pie  the  exercise  of  the  utmost  prudeiiie,  discretion,  calmness 

6  and  forbearance. 

Above  all  other  things  at  this  time  they  esteem  it  of  indis- 

2  pensable  necessity  to  maintain  the  peace  of  the  country,  and 

3  to  avoid  evervlhing  calculated  or  tending  to  produce  collision 

4  and  bloodshed. 

The  grievances  ior  which  several  of  the  States  have  with- 

2  drawn  from  the  Union  and  overthrovrn  the  Federal  Clovern- 

3  ment  within  their  limits,  are  such  an  have  afiected  the  peo- 

4  pie  of  A'irginia  to  a  greater  extent  than  any  of  the  seceded 

5  States,  and  it  is  then*  determined  purpose  to  require  such 

6  guaraiUees  for  the  protection  of  the  rights  of  the  people  of 

7  the  slaveholding  States,  as,  in  tlie  judgment  of  Virginia, 

8  will  be  sufficient  for  the  accomplishment  of  that  object. 
Virginia  having  initiated  measures  to  obtain  such  guarantees, 

2  a  proper  self  respect  impels  her  to  demand  of  all  the  parties 

3  that  they  shall  refrain,  during  the  pendency  of  her  efforts  for 

4  amicable  adjustment,  from  all  action  tending  to  produce  a 

5  colhsion  of  forces;  therefore, 

1 .  Be  it  resolved  and  declared  by  the  people  of  the  State  of 
2    Virginia  in  Convention  assembled,  That  the  States  which 


3 

3  composed  the  United  States  of  America^  wlien  tlie  Federal 

4  Constitution  was  formed,  were  independent  sovereignties, 

5  and  in  adopting  tiiat  instrument  the  people  of  eacii  State 

6  agreed  to  associate  with  the  people  of  the  other  States,  upon 

7  a  footing  of  exact  equahty.     It  is  the  duty,  therefore,  of  the 

8  common  (Government  to  respect  tlie  rights  of  the  States  and 

9  the  equahty  of  the  people  tliereof,  and  within  the  just  Hmits 

10  of  the  Constitution,  to  protect  with  equal  care,  the  great  in- 

11  terests  that  sj)ring  from  the  institutions  of  each. 

2.  African  shivery  is  a  vital  part  of  the  social  system  of  the     ] 

2  States    wherein   it  exists,   and    as    that   form   of  servitude     \ 

3  existed  when  the  Union  was  formed,  and  the  jurisdiction  of 

4  the  several  States  over  it  within  their  respective  liuiils,  was 

5  recognized  by  the  Constitution,  any  interference  lo  its  preju- 
G  dice  by  the  Federal  authority,  or  by  the  authorities  of  the 

7  other  States,  or  by  the  people  thereof,  is  in  derogation  from 

8  plain    right,   contrary   to    the    Constitution,    offensive    and 

9  dangerous. 

3.  The  choice  of  functionaries  of  a  common  Government 

2  established  for  the  common  good,  for  the  reason  tliat  they 

3  entertain  opinions  and  avow  purposes  hostile  to  the  institu- 

4  tions  of  some  of  the  States,  necessarily  excludes  the  people 

5  of  one  section  from  participation  in  the  administration  of  the 

6  Government,  subjects  the  weaker  to  the  domination  of  the 


4 

7  stronger  section,  leads  to  abuse,  and  is  incompatible  with  the 

8  safety  of  those  whose  interests  are  imperilled;  the  formation, 

9  therefore,  of  geographical  or  sectional  parties  in  respect  to 

10  Federal  politics  is  contrary  to  the  principles  on  which  our 

11  system  rests,  and  tends  to  its  overthrow. 

4.  The  Territories  of  the  United  States  constitute  a  trust  to 

2  be  administered  by  the  General  Government,  for  the  common 

3  benefit  of  the  people  of  the  United  States,  and  any  policy  in 

4  respect  to  such  Territories  calculated  to  confer  greater  bene- 

5  fits  on  the  people  of  one  ])art  of  th3  United  States,  than  on 

6  the  people  of  another  part  is  contrary  to  equality  and  prejudi- 

7  cial  to  the  rights  of  some  for  whose  equal  benefit  the  trust 

8  was  created,     if  the  equal  admission  of  slave  labor  and  free 

9  labor  into  any  Territory,  excites  unfriendly  conflict  between 

10  the  systems,  a  fair  partition  of  the  Territories  ouglu  to  be 

11  made  between  them,  and  each  system  ought  to  be  protected 

12  M'ithin  the  limits  assigned  to  it,  by  the  laws  necessary  for  its 

13  proper  development. 

5.  The  sites  of  the  federal  forts,  arsenals,  (fcc,  within  the 

2  limits  of  the  States  of  this  Union,  were  acquired  by  the 

3  Federal  Government,  and  jurisdiction  over  them  ceded  by 

4  the  States,  a-s  trusts,  for  the  common  purposes  of  the  Union, 

5  during  its  continuance;    and    upon    the   separation   of  the 

6  States,  such  jurisdiction  reverts  of  right  to  the  States,  re- 


5 

7  spectively,  by  which  the  jurisdiction  M'-as  ceded.     Whilst  a 

8  State  remains  in  the  Union,  the  legitimate  use  of  such  forts, 

9  (fcc.jis  to  protect  tiie  country  against  foreign  force,  and  to  aid 

10  in  suppressing  domestic  insurrection.     To  use,  or  prepare 

11  them  to  be  used  to  intimidate  a  State,  or  constrain  its  free 

12  action,  is  a  perversion  o(  the  purposes  for  whicli   they  were 

13  obtained;  they  were  not  intended  to  be  used  against  tlie 

14  States,  in  whose  limits  they  are  found,  in  the  event  of  civil 

15  war.     In  a  time  of  profound   peace  with  f  )reign  nations, 

16  and  when   no  symptoms  of  d<imcstic  insurrection  appear — 

17  but   whilst   irritating   questions  of  tlie   deepest   importance 
IS  are  pending  between  the  States — to  accumulate  within  the 

19  limits  of  a  State,  interested  in  such  questions,  an  unusual 

20  amount  of  troops  and  munitions  of  war,  not  required   for 

21  any  legitimate  purpose,  is  unwise,  impolitic  and  offensive. 

6.  Deeply  deploring  the  present  distnicted  condition  of  the 

2  country,  and  lamenting  the  v/rongs  that  have  impelled  some 

3  of  the  States  to  cast  off  obedience  to  the  Federal  Govern- 

4  mcnf,  but  sensible  of  the  blessings  of  the  Union,  and  im- 

5  pressed  with   its  importance   to   the  peace,  prosperity  and 

6  progress  of  the  people,  we  indulge  the  hope,  that,  an  adjust- 

7  ment  may  be  reached  by  which  the  Union  may  be  preserved 

8  in  its  integrity,  and  peace,  prosperity  and  fraternal  feelings 

9  be  restored  throughout  the  land. 


6 

7.  To  remove  the  existing  causes  of  complaint  much  may  be 

2  accomplished  by  the  Federal  and   State  Governments;  the 

3  laws  for  the  icndition  of  fugitives  from  labor  and  of  fugitives 

4  from  justice  may  be  made  more  effectual,  the  expenditures 

5  of  the  Government  may  bo  reduced  within  more  moderate 
0  limits  and  the  abuses  that  have  entered  into  the  administra- 

7  tive  departments  reformed.    The  State  authorities  may  repeal 

8  their  unfriendly  and  \inconstitutional  legislation,  and  substi- 

9  tute  in  its  stead  such  as  becomes  the  comity  and  is  due  to 

10  the  rights  of  the  States  of  the  same  Unhon.     13ut  to  n^store 

11  the  Union  and  preserve  confidence  the  Federal  Constitution 

12  should  be  amended  in  those  particulars  wherein  experience 

13  has  exhibited  defects  and  discovered  approaches  dangerous 

14  to  the  institutions  of  some  of  the  States. 

8.  The  people  of  Virginia  recognize  the  American  principle 

2  that  government  is  founded  in  the  consent  of  the  governed, 

3  and  they  concede  the  right  of  the  people  of  the  several  States 

4  of  this  Union,  lor  just  causes,  to  withdraw  from  tlieir  asso- 

5  cialion  under  the  Federal  Government  with  the  people  of  the 
()  other  States,  and  to  erect  new  governments  for  their  hotter 
7  security,  and  they  will  never  consent  that  the  Federal  power, 
S  which  is  in  part  tlieir  power,  shall  be  exerted  for  the  pur- 
9  pose  of  subjugating  tiie  people  of  such  States  to  the  Fede- 

10  ral  authority. 


7 

9.  The  exercise  of  this  right  by  the  States  of  South  Carolina, 

2  Georgia,  Florida,  Mississippi,  Alabama,  Louisiana  and  Texas, 

3  without  the  assent  of  the  other  States,  has  given  rise  to  new 

4  conditions,  and  presented  questions  touching  those  condi- 

5  tions,  intimately  affecting  the  rights  and  safety  of  the  other 

6  States.     Among  these  arc  the  free  navigation  of  the  Missis- 

7  sippi  Kiver,  the  maintenance  of  the  forts  intended  to  protect 

8  the  commerce  of  the  Gulf  of  Mexico,  and  the  power  to  re- 

9  strain  smuggling  along  the  interior  borders  of  ihe  seceded 

10  States;  but  the  Federal  authorities,under  the  Constitution  as 

11  it  is,  disclaim  power  to  recognize  the  withdrawal  of  any 

12  State  from  the  Union  and  consequently  to  deal  with  these 

13  questions,  holding  that  it  is  reserved  only  to  the  States  as  par- 

14  tics  to  the  govcrnujent  compact  to  take  lawful  action  touching 

15  them. 

10.  Without  expressing  an  opinion  as  to  the  question  of  power, 

2  but  in  deference  to'the  opinion  of  the  Federal  authorities'^  the  ^  ^ 

3  people  of  Virginia  hereby  declare  their  desire  to  confer  upon  T 

4  the  Government  of  the  United  States,  the  powers  necessary 

5  to  enable  its  proper  authorities  to  deal  peaceably  with  these 
t)  questions,  and,  if  it  shall  become  necessary,  to  recognize  the   \ 

t  separate  independence  of  the  seceding  States,  and  to  make  ^     ' 

8  such  treaties  with  them,  and  to  pass  such  laws  as  the  sepa- 

9  ration  may  make  proper. 


^) 


^^^A£r 


8 

/       11.  This  Convention  composed  of  delegates  elected  by  the 

2  people  in  districts^  for  the  purpose  of  considering  the  existing 

3  difficulties  in  our  Federal  relations,  represents  the  desire  and 

4  earnest  request  of  the  people  of  Virginia,  to  meet  as  directly 

5  as  possible  the   people  of  her  sister   States',  and   to   them 

6  appeal  for  satisfactory  adjustment.     Virginia,  therefore,  re- 

7  quests  tlic  people  of  the  several  States,  either  by  popular 

8  vote,  or  in  Conventions  similar  to  her  own,  to  respond,  at 

9  their  earliest  convenience,  to  tliof positions  assumed  in  the 

10  foregoing  resolutions,  and*  the)  proposed  amendments  to  the 

11  Constitution  of  the  United  States  hereunto  appended./^ And 

12  in  the  event  that  this  Commonwealth  fails  to  obtain  satis- 

13  factory  responses  to  her  requests,  from  the  non-slaveholding 

14  States,  she  mhU,  feel  compelled  to  resume  the  powers  granted 

15  by  her  under  the  Constitution  of  the  United  States,  and  to 

16  throw  herself  upon  her  reserved  rights.  \     ^ 

12.  The  people  of  Virginia  will  await  any  reasonable  time 

2  to  obtain  answers  from  the  otlier  States,  to  these  propositions, 

3  aware  of  the  embarrassments  that  may  produce  delay,  but 

4  they  will  expect,  as  an  indispensable  condition,  that  a  pacific 

5  policy  shall  be  adopted  towards  the  seceded  States,  and  that 

6  no  attempt  be  made  to  subject  them  to  the  Federal  authority, 

7  nor  to  reinforce  the  forts  now  in  possession  of  the  military 

8  forces  of  the  United  States,  nor  recapture  the  forts,  arsenals 


0 
9  or  other  property  of  the  United  States  within  their  hmits,  nor 

10  to  exact  tlic  payment  of  imposts  upon  their  commerce;  nor 

11  any  measure  resorted  to,  justly  calculated  to  provoke  hostile 

12  collision. 

13.|^n  the  opinion  of  this  Convention,  the  people  of  Virginia 

2  would  regard  any  action  of  the  Federal  Government;  tending 

3  to  produce  a  collision  of  forces,  jiending  negotiations  for  the 

4  adjustment  of  existing  dilFiculties  as  aggressive  and  inju- 

5  rious  to  the  interests  and  offensive  to  the  honor  of  this  Com- 

6  monwealth;^ and  they  would  regard  any  such  action  on  the 

7  part  of  the  seceded  or  confederated  States  as  hurtful  and  un- 
S  friendly ,|^and  as  leaving  them  free  to  determine  their  future 
9  policy. ) 

14.  The  peculiar  relations  of  the  States  of  Delaware,  Mary- 

2  land,  Virginia,  North  Carohna,  Tennessee,  Kentucky,  Mis- 

***"  3  souri  and  Arkansas  to  the  other  States,  make  it  proper,  in  the 

4  judgment  of  this  Convention,  tliat  the  former  States  should 

5  consult  together  and  concert  such  measures  for  their  final  ac- 

6  tion  as  the  honor,  the  interests  and  the  safety  of  the  people 

7  thereof  may  demand,  and  for  that  purpose  the  proper  authori- 

8  ties  of  those  States  are  requested  to  appoint  commissioners 

9  to  meet  commissioners  to  be  appointed  by  this  Convention 

10  on  behalf  of  the  people  of  this  State,  at  Frankfort,  in  the 

11  State  of  Kentucky,  on  the  last  Monday  in  May  next. 

2 


SUBSTITUTE 

For  the  Report  of  the  Committee  on  Federal  Relations,  presented 
by  Mr.  Wise,  March  9,  1861. 


The  undersigned  begs  leave  to  assign  the  reason  for  his  dis- 

2  sent  from  the  first  partial  Report  of  the  Committee  on  Federal 

3  Relations,  and  presents  the  following  as  a  substitute  for  the 

4  plan  of  measures  recommended  thereby  to  be  adopted  by  the 

5  Convention: 

This  Convention,  called  by  the  people  of  the  Commonwealth 

2  of  Virginia,  to  deliberate  upon  the  present  exigencies  of  their 

3  Federal  Relations,  and  upon  the  redress  of  their  wrongs  and 

4  grievances  in  the  Confederacy  of  tlie  United  States,  deems  it 

5  necessary  and  proper,  with  a  view  to  preserv^e  peace,  to  de- 

6  fend  the  Federal  Constitution,  and  to  restore  and  perpetuate 

7  the  Federal  Union  of  all  the  States,  on  a  basis  of  just  and 

8  equal  rights,  to  declare: 

That  for  a  long  series  of  years  the  property  of  the  citizens  of 

2  the  slaveholding  States,  and  particularly  that  of  her  own  citi- 

3  zens,  has  been  assailed  and  endangered  j  that  the  Constitu- 

4  tion  of  the  United  States  has  been  broken;  that  the  rights 


2 

5  and  comities  of  States  and  their  equality  in  the  Union  have 

6  been  denied  to  the  people  of  the  slaveholding  States;  that 

7  the  Federal  laws  have  been  nullified  in  respect  to  tlic  protcc- 

8  tion  of  their  ]>ropcrty  in  slaves;  that  the  separate  and  inde- 

9  pendent  right  of  scll'-govcrnment  by  the  border  slaveholding 

10  States  has  been  seriously  inii)aircd,  and.  in  jiart,  ]iractically 

11  annulled;    that  their  domestic  tranquility  and  social  safety 

12  have  been  endangered  and  ruthlessly  disturbed  by  actual  in- 

13  vasion;  that  associated  and  systematic  efforts  have  been  con- 

14  stantly  and  persistently  made  to  enforce  ujion  their  people 

15  rules  of  conscience  and  of  morals  by  a  power  without  their 
10  borders,  to  control  the  faujily  governments  of  their  homes 

17  and  their  relations  as  masters  to  their  domestic  slaves;  that 

18  their  character  as  a  people  has  been  maligned  and  misrepre- 

19  sented  to  the  world,  in  order  to  bring  an  influence  to  bear 

20  upon  their  rights  and  relations   and   their  wills,  rendering 

21  them  odious  and  no  less  offensive  and  injurious  to  their  sense 

22  of  self  respect  and  to  their  interests  than  the  f)rce  of  arms; 

23  that  the  sanctity  of  the  Federal  judiciary  has  been  threat- 

24  cned  and  set  at  naught,  in  order  to  destroy  the  only  peaceful 

25  guard  and  guarantee  of  their  rights  of  property  and  Federal 

26  equality;  and  that  a  sectional  hate  which  engendered  these 

27  evils  is  continually  magnifying  them   by  every  form  and 
2S  effort  of  incendiarism,  until  they  are  no  longer  endurable; 


3 

29  until  the  pooplo  actuated  by  it  have  obtained  the  reins  of 

30  Federal  authority  and  control  in  all  the  departments  of  go- 

31  vernment;  and  until  several  of  the  sovereignties,  parties  to 

32  the  Federal  compact,  have  been  compelled  to  resume  the 

33  powers  granted  by  them  under  the  Federal  Constitution, 

34  and  to  form  a  separate  and  independent  confederacy,  thereby 

35  dissolving  the  Union  of  the  United  States  of  America. 
These  wrongs  have  been  perpetrated  in  part  by  the  Federal 

2  Government,  either  by  acts  of  omission  or  commission,  in 

3  part  by  the  non-slaveholding  States,  and  in  part  by  tlieir 
•4  people,  unrestrained  by  laws,  such  as  confederates  are  bound 

5  to  enact  in  respect  to  tlie  rights  and  safety  of  each  other. 
And  the  secession,  consequent  upon  these  \vrongs,  is  now 

2  met  by  every  indication  of  an  intention  and  an  attempt  to 

3  coerce  the  submission  of  seceding  States,  bv  the  authorities 

4  of  the  Federal  Government,  who  arc  but  the  mere  agents  of 

5  the  so\''ereign  parties  to  the  Federal  compact,  without  even  an 

6  appeal  to  them  for  the  sanction  of  any  ultimate  resort  to  force. 
Thus,  under  the  pretext  of  enforcing  laws  of  the  Federal 

2  Government,  the  jurisdiction  of  which  is   now  denied  and 

3  abjured  by  the  seceding  States,  the  nation  is  imminently 

4  threatened  by  an  unnatnral   and    unnecessary  civil  war — 

5  equally  unnecessary,  whether   the  Union   is  to  be  finally 

6  dissolved  or  restored. 


4 

These  indications  are  made  but  too  plainly  manifest  by  the 

2  failure  of  the  Conference,  inaugurated  by  the  Legislature  of 

3  this  Commonwealth  herself,  to  agree  on  any  terms  of  adjust- 

4  mentj   by  the  disclaimer  of  all  power  on  the  part  of  the 

5  Federal  authorities  to  negotiate  for  peace  with  the  commis- 

6  sioners  of  the  seceded  States;  by  the  inaugural  address  of 

7  the  incumbent  President  of  the  United  States,  declaring  the 

8  policy,  powers  and  purposes  of  his   administration  of  the 

9  Federal  Government,  and  supposed  to  represent  the  senti- 

10  nieiits  of  large  majorities  of  the  States  constituting  the  major 

11  section  of  the  United  States;  by  his  failure  to  suggest  any 

12  mode,  whilst  disclaiming  all  powers  of  adjustment;  by  the 

13  failure  of  Congress  to  recognize  the  results  of  the  Peace  Con- 

14  ference,  or  to  recommend  any  other  plan  of  peace;  and  by 

15  the  concentration  of  Federal  troops  at  various  points,  and 
IG  the  rt'inlbrcing  and  holding  of  certain  forts  and  arsenals, 

17  with    the   obvious   intent  and   purpose  of  overcoming  any 

18  resistance  to  the  execution  of  Federal  laws  by  the  seceded 

19  States,  and  to  overawe  the  further  secession  and  free  action 

20  of  the  slaveholding  States. 

Under  these  circumstances  of  peril  to  ever}'-  thing  precious  to 

2  a  State,  this  Commonwealth  feels  compelled  to  appeal  to  her 

3  confederates  still  remaining  in  the  Union,  and  to  ask  for  their 

4  determinate  conclusions  on  the  following  points  of  difference 


5 

5  and  dissension,  as  to  which  she  is  bound  to  demand,  and 

6  seeks  to  obtain  satisfactory  guarantees  and  assurances  for  the 

7  future: 

1.  As  to  a  full  recognition  of  the  rights  of  property  in  Afri- 
2  can  slaves. 

2.  As  to  slavery  in  the  District  of  Cohimbia. 

3    As  to  the  powers  of  the  Federal  Government  over  African 

2  slavery,  and  the  employment  of  slave  labor  in  the  forts,  arse- 

3  nalsjdock  yards,  and  all  places  ceded  by  the  States  forFede- 

4  ral  uses. 

4.  As  to  protection  against  the  pretension  to  lay  and  collect 
2  excessive  direct  taxes  on  slaves. 

5.  As  to  the  rendition  of  fugitive  slaves. 

6.  As  to  protection  of  the  right  and  comity  of  transit  with 

2  slaves  through  the  limits  of  the  States,  by  land  or  water;  and 

3  of  the  right  of  transportation  of  slaves  on  the  high  seas. 

7.  The  protection  of  the  right  of  citizens  of  the  United  States, 

2  owning  slaves  to  sojourn  temporarily  with  their  slaves  in 

3  waiting,  in  the  Uniits  of  non-slaveholding  States. 

S.  The   protection  of  equality  of  settlement  by  owners  of 

2  slaves,  with  their  slave  property,  in  the  common  territories  of 

3  the  United  States. 

9.  As  to  the  rights  of  negroes  or  free  persons  of  the  African 


6 

2  race  to  all  the  privileges  and  immunities  of  citizens  of  the 

3  several  States. 

10.  As  to  the  equality  of  the  African  race  with  the  white 

2  race  in  the  States  Avhere  it  may  reside,  and  the  protection  of 

3  that  equality  by  State  laws,  and  by  the  laws  of  the  United 

4  States. 

11.  As   to  the   better  security  of  the   independence  of  the 

2  Judicial  Department  of  the  Government  of  the  United  States, 

3  by  changing  the  mode  of  appointing  the  Federal  Judges. 

12.  As  to  the  protection  of  the  slaveholding  States  against 

2  the  abduction  of  their  slaves,  by  repealing  such   State  or 

3  Federal  laws  as  may  countenance  the  wrong,  or  by  passing 

4  such  laws  by  the  States  and  by  the  Federal  Government  as 

5  may  be  necessary  and  proper  to  suppress  it. 

13.  As  to  the  jorotection  of  the  domestic  tranquihty  of  the 

2  people  of  the  United  States  by  suppressing  the  incendiary 

3  assemblages,  associations  and  publications  which  have  en- 

4  gendered  the  sectional  wrongs  and  hatred  which  have  rent 

5  the  Union  asunder  and  now  threaten  a  civil  war. 

14.  The  protection  of  the  public  peace  by  suppressing  socie- 

2  ties  and  individual  efforts  for  the  collection  of  money  and 

3  other  means  to  invade  the  States  or  territories  of  the  United 

4  States. 

15.  And  by  suppressing  all  organizations  seeking  and  in- 


7  ( 

2  troducing  foreign  aid  and  influence,  to  incite  domestic  vio- 

3  lence  in  any  of  the  States  or  Territories  of  the  United  States. 
Upon  these  points,  and  any  others  which  may  arise  requiring 

2  them,  this  Commonwealth  needs  and  ought  to  demand  ad- 

3  ditional  assurances  and  guarantees  to  those  now  existing; 

4  and  those  assurances  and  guarantees  can,  on  the  main  points 

5  of  dissension  and  severance,  only  be  made  sure  by  obtain- 

6  ing,  not  merely  constitutional  amendments,  or  the  pledges  of 

7  States  by  resolves  or  otherwise,  but  by  grants  of  power  to 

8  check  abuses  or  wrongs  by  a  majority  of  the  States. 

And  with  the  view  of  adjusting  these  points  and  obtaining 

2  these   guarantees,  guarded    by   the   necessary  and    proper 

3  checks  and  balances  of  power,  it  is  recommended  diat  tliis 

4  Convention  shall  appeal  to  the  States  still  remaining  in  the 

5  Union  to  give,  at  as  early  a  day  as  practicable,  theiranswers 

6  to  those  demands  of  this  CommonweaUh,  say  within  the 

7  period  of  the  present  year  and  by  the  1st  day  of  October 

8  next,  if  possible. 

In  the  meantime  it  is  recommended  that  every  step  be  taken 
2  to  preserve  the  peace  of  the  country: 

That  to  that  end  Jicither  the  Federal  Government  nor  the 

2  seceded  States  shall  commence  hostilities;  that  the  States 

3  now  in  the    Union   should  confer  with  this  State  upon  a 

4  mode  of  sanctioning  the   claim  of  the  right  of  peaceable 


8 

5  secession,  and  of  determining  all  questions  arising  there- 

6  upon,  such  as  tlie  iree  navigation  of  the  Mississippi  river, 

7  the  maintenance  of  forts  and  arsenals,  and  the  settlement  of 

8  commercial  and  postal  regulations,  &c.  &c.     And  the  Fede- 

9  ral  authorities  should   avoid   all   acts  whatever  tending  to 

10  cause  or  to  irritate  the  causes  of  civil  war,  by  abstaining 

11  from  the  execution  of  all  laws  which  may  require  the  force 

12  of  arms  against  the  seceded  States;  by  withdrawing  all  oc- 

13  cupation  of  their  forts,  arsenals,  dock  yards,  and  other  places 

14  ceded;  and  by  reducing  the  military  forces  at  the  forts,  arse- 

15  nals,  magazines,  dock   yards,  &c.,  within   the  limits  and 

16  around  and  about  the  borders  of  the  slaveholding  States  still 

17  remaining  in  the  Union,  to  mere  garrisons  for  the  purpose 

18  of  guarding  and  preserving  the  public  property,  pending  the 

19  efforts  of  this  Commonwealth  to  adjust  pending  issues,  to 

20  obtain  guarantees,  to  preserve  peace,  and  to  restore  the  amity 

21  and  Union,  if  possible,  of  all  the  States. 

And  it  is  further  recommended  to  adopt  an  ordinance  that 

2  this  Commonwealth  shall  be  immediately  placed  in  a  full 

3  and  complete  state  of  military  organization  for  defence;  and 

4  it  shall  be  immediately  submitted  to  the  people  to  determine 

5  whether,  if  the  just  demands  of  this  Commonwealth  are  not 

6  satisfactorily  responded  to,  or  are  not  responded  to  at  all  by 


9 

7  her  Confederates,  or  civil  war  commencing  on  the  part  of  the 

8  Federal  Government,  within  the  period  named  pending  her 

9  efforts  of  adjustment,  they  will  or  will  not  resume  the  powers 

10  granted    by   thcni   under    the   Constitution   of   the   United 

11  States,  and  that  this  Convention  shall  place  itself  immedi- 

12  ately  in  communication  with  the  border  slaveholding  States 

13  for  conference  and  cooperation. 

To  these  ends,  therefore,  be  it  resolved — 

1.  That  the  foregoing  points  for  adjustment  or  for  declaration 

2  of  purpose  on  the  part  of  the  States  now  in  the  Union,  be 

3  immediately  addressed  to  them. 

2.  That  additional   guarantees   or  assurances  shall  be  de- 

2  manded  on  the  more  important  of  these  points,  in  the  forms 

3  of  checks  and  balances  of  power,  to  be  defined  by  amend- 

4  ments  to  the  Constitution  of  the  United  States. 

3.  That  responses   to  these  demands   from   the   respective 

2  States  shall  be  requested  within  a  fixed  and  limited  period, 

3  to  wit:  on  or  before  the  1st  day  of  October  next,  if  possible. 

4.  That,  in  the  meantime,  it  be  recommended  to  the  people  of 

2  this   Commonwealth,  in  the  event  the  Federal  authorities 

3  shall  under  any  pretext  whatever,  attempt  to  enforce  their 

4  claim  of  jurisdiction  over  the  people  of  the  seceded  States, 

5  as  by  collecting  the  duties  for  revenue  or  diverting  the  transit 

6  or  entrance  of  commerce,  or  in  any  other  mode,  by  force  of 


10 

7  arms,  to  resist  such  exertion  of  force  by  all  the  means  in 

8  their  power. 

5.  That  the  Federal  authorities  he  requested  to  withdraw  all 

2  occupation  of  the  places  ceded  in  the  seceded  States^  and  to 

3  reduce  the  forces  at  Fortress  Monroe  and  Harper's  Ferry,  at 

4  Fort  Washington  and  Fort  McHenry,  in  Maryland,  to  garri- 

5  sons  on  guard  duty;  and  that  the  guns  which  have  been 

6  lately  mounted  landwards,  be  removed  and  all  other  prepara- 

7  tions  for  war  in  the  limits  of  diis  Commonwealth,  or  on  her 

8  border  be  at  once  stopped;  protesting  that  these  forces  and 

9  warlike  preparations  are  irritating  causes  of  civil  war  and 
10  dangerous  to  the  people. 

6.  That  the  Legislature  of  this  Commonwealth  be  recom- 

2  mended  and  urged  to  make  ample  appropriations  to  place  her 

3  people  in  a  complete  state  of  military  defence. 

7.  That  this  Convention  will  place  itself  in  immediate  com- 

2  munication  with  the  Border  and  other  slaveholding  States 

3  still  remaining  in  the  Union,  for  conference  and  cooperation, 

4  whilst  awaiting  the  responses  of  the  other  States  to  these 

5  requests  and  demands. 

8.  That   an   ordinance   be  adopted   at  once   submitting  to 

2  the  people  of  this  Commonwealth  to  determine  whether,  if 

3  their  just  demands  are  not  satisfactorily  responded  to  by  the 

4  non- slaveholding  States,  or  are  not  responded  to  at  all  by 


11 

5  them,  or  if  civil  war  shall  commence  on  the  part  of  the  Fe 

6  deral  authorities,  within  the  period  named  pending  the  efforts 

7  of  this  Commonwealth  for  adjustment,  they  will  or  will  not 

8  resume  the  powers  granted  by  them  under  the  Constitution 

9  of  the  United  States;  and  will  or  will  not  unite  their  destiny 

10  with  that  of  the  seceded  slaveholding  States  of  the  South, 

11  embracing  in  any  new  Union  to  be  formed  such  non-slave- 

12  holding  States  as  will  manifest  a  disposition  and  determination 

13  to  respect  and  maintain  the  equal  rights  of  all  the  States  and 

14  their  people. 

All  which  is  respectfully  submitted,  with  the  request  to  be 

2  permitted  to  assign  hereafter  the  objections  to  the   report, 

3  entertained  by  tbe  minority  of  the    Committee,  several   of 

4  whom  arc  now  absent. 

HENRY  A.  WISE. 


SUBSTITUTE 

For  the  Report  of  the  Committee  on  Federal  Relations y  presented 
by  Mr.  Barbour,  March  9,  1861. 


1.  Resolved,  That  this  Convention  has  witnessed,  with  deep 

2  concern,  the  failure  on  tlie  part  of  the  authorities  of  the  Fe- 

3  deral  Government  and  a  majority  of  the  non-slavcholding 

4  State  Govenmicnts  to  cooperate  efficiently  with  the  authori- 

5  tics  of  this  Commonwealth,  in  an  earnest  effort  to  restore  the 

6  Federal  Union  on  terms  consistent  with  the  security  of  the 

7  people  of  the  slaveholding  States. 

2.  Resolved,   That  the  recommendations  of  this  Common- 

2  wealth  having  been  met  by  no  sufficient  response  on  the 

3  part  of  the  authorities  of  the  non-slaveholding  States  and 

4  the  Federal  Government,  considerations  of  public  duty,  in- 

5  duce   us  to  refrain  from  further  recommendations.     If  the 
0  authorities  of  the  Federal  Government  and  of  the  non-slave- 

7  holding  State  Governments  desire  and  expect  to  restore  the 

8  Federal  Union,  they  must,  without  further  delay,  adopt  such 

9  measures  as  will  afford  to  the  people  of  the  slaveholding 
10  States  full  constitutional  assurance  of  their  safety  in  continu- 


10 

11  ing  any  further  association  with  them  under  a  common  Go- 

12  vcrnment, 

3.  Resolved,  That  this  Convention  will,  on  the  day  after  the 

2  adoption  of  these  resolutions,  appoint  three  Commissioners, 

3  to  proceed  to  Montgomery  and  confer  with  the  authorities 

4  of  the  Confederated  States  in  reference  to  the  present  grave 

5  emergency  in  our  public  affairs. 

JAMES  BARBOUR. 


SUBSTITUTE 

For  the  Report  of  the  Committee  on  Federal  Relatio?is,  presented 
by  Mr.  Harvie,  March  9,  1861. 


The  undersigned,  a  minority  of  the  Committee  on  Federal 
2  Relations,  report: 

That  having  had   under   consideration  the  resolutions  re- 

2  ferred  to  the  said  Committee,  and  dissenting  from  the  report 

3  of  the  majority,  recommend  to  tlie  Convention  the  adoption 

4  of  the  following  resolution: 

Resolved,  That  the  Committee  on  Federal  Relations  be  in- 

2  structed  to  report  an  ordinance  resuming  the   powers  de- 

3  legated  by  Virginia  to  the  Federal  Government,  and  to  make 

4  provision  for  submitting  the  same  to  the  qualified  voters  of 
6  the  Commonwealth  for  their  adoption  or  rejection. 

Respectfully  submitted. 

LEWIS  E.  HARYIE, 
ROBERT  L.  MONTAGUE, 
SAMUEL  C.  WILLIAMS. 


SUBSTITUTE 

JPhr  the  report  of  the  Committee  on  Federal  Relations.,  presented 
in  Co??imittee  of  the  Whole,  by  Mr.  Carlile,  March  21,  1861 « 


Whereas,  the  Peace  Conference  which  was  called  by  the 

2  Legislature  of  this  State,  and  in  which  twenty-one  States 

3  (fourteen  of  them  non-slaveholding)  of  this  Union  were  re- 

4  presented  after  much  anxious  deliberation  and  careful  invcs- 
6  ligation,  has  recommended  for  the  adjustment  of  our  present 

6  national  difficulties ,  the  adoption  by  the  people  of  the  several 

7  States  in  the  manner  provided  for  amendments  to  the  Con- 

8  stitution  of  the  United  States  by  the  fifth  article  thereof,  the 

9  following  propositions: 

ARTICLE  XIII. 
Section  1.  In  all  the  present  territory  of  the  Lhiited  States, 

2  north  of  the  parallel  of  thirty-six  degrees  and  thirty  minutes 

3  of  north  latitude,  involuntary  servitude,  except  in  punish- 

4  ment  of  crime,  is  prohibited.     In  all  the  present  territory 

5  south  of  that  line,  the  status  of  persons  held  to  service  or 

6  labor,  as  it  now  exists,  shall  not  be  changed;  nor  shall  any 

7  law  be  passed  by  Congress  or  the  territorial  legislature,  to 


2 

8  hinder  or  prevent  the  taking  of  such  persons  from  any  of  the 

9  States  of  this  Union  to  said  territory,  nor  to  impair  the  rights 

10  arising  from  said  relation;  but  the  same  shall  be  subject  to 

11  judicial  cognizance  in  the  federal  courts^  according  to  the 

12  course  of  the  common  law.     When  any  tenitory  north  or 

13  south  of  said  line,  within  such  boundary  as  Congress  may 

14  prescribe,  shall  contain  a  population  equal  to  that  required 

15  for  a  member  of  Congress,  it  shall,  if  its  form  of  govern- 
IG  ment  be  republican,  be  admitted  into  the  Union  on  an  equal 

17  footing  with  the  original  States,  with  or  without  involuntary 

18  servitude,  as  such  constitution  of  the  State  may  provide. 

Section  2.  No  territory  shall  be  acquired  by  the  United 

2  States,  except  by  discovery  and  for  naval  and  commercial 

3  stations,  depots,  and  transit  routes,  without  the  concurrence 

4  of  a  majority  of  all  the  Senators  from  States  which  allow 

5  involuntary  servitude,  and  a  majority  of  all   the  Senators 

6  from  States  which  prohibit  that  relation;  nor  shall  temtory 

7  be  acquired  by  treaty  unless  the  votes  of  a  majority  of  all  the 

8  Senators  from  each'  class  of  States  herein  before  ^mentioned, 

9  be  cast  as  a  part  of  the  two-third  majority  necessary  to  the 
10  ratification  of  such  treaty. 

Section  3.  Neither  the  Constitution  nor  any  amendment 

2  thereof,  shall  be  construed  to  give  Congress  power  to  re- 

3  gulate,  abolish,  or  control,  within  any  State  of  the  United 


3 

4  States,  the  relation  established  or  recognized  by  the  laws 
6  thereof,  touching  persons  held  to  labor  or  involuntary  service 

6  therein,  nor  to  interfere  with  or  abolish  involuntary  service 

7  in  the  District  of  Columbia,  without  the  consent  of  Mary- 

8  land,  and  without  the  consent  of  the  owners,  or  making  the 

9  owners   who  do   not  consent  just  compensation;   nor   the 

10  power  to  interfere  with  or  prohibit  representatives  and  others 

11  from  bringing  with  them  to  the  District  of  Columbia,  rctain- 

12  ing  and  taking  away,  persons  so  held  to  labor  or  service,  nor 

13  the  power  to  interfere  with  or  abolish  involuntary  service  in 

14  places  under  the  exclusive  jurisdiction  of  the  United  States, 

15  within  those  States  and  territories  where  the  same  is  estab- 

16  lished  or  recognized;  nor  the  power  to  prohibit  the  removal 

17  or   transportation   of  persons   held    to    labor  or  involuntary 
IS  service  in  any  State  or  territory  of  the  United  States  to  any 

19  other  State  or  territory  thereof  where   it  is  established   or 

20  recognized  by  law  or  usage;  and  the  right  during  transporta- 

21  tion,  by  sea  or  river,  of  touching  at  ports,  shores  and  land- 

22  ings,  and  of  landing  in  case  of  distress,  shall  exist,  but  not 

23  the  right  of  transit  in  or  through  any  State  or  territory,  or  of 

24  sale  or  traffic  against  the  laws  thereof.     Nor  shall  Congress 

25  have  power  to  authorize  any  higher  rate  of  taxation  on  per- 

26  sons  held  to  labor  or  service  than  on  land. 

The  bringing  into  the  District  of  Columbia  persons  held  to 


4 

2  labor  or  service  for  sale,  or  placing  them  in  depots  to  be  after- 

3  wards  transferred  to  other  places  for  sale  as  merchandise,  is 

4  prohibited. 

Section  4.  The  third  paragraph  of  the  second  section  of 

2  the  fourth  article  of  the  Constitution  shall  not  be  construed 

3  to  prevent  any  of  the  States,  by  appropriate  legislation,  and 

4  through  the  action  of  their  judicial  and  ministerial  officers, 

5  from  enforcing  the  delivery  of  fugitives  from  labor  to  the  per-. 

6  son  to  whom  such  service  or  labor  is  due. 

Section  5.  The  foreign  slave  trade  is  hereby  forever  prohi-. 

2  bited;  and  it  shall  be  the  duty  of  Congress  to  pass  laws  to 

3  prevent  tiie  importation  of  slaves,  coolies,  or  persons  held  to 

4  service  or  labor,  into  the  United  States  and  the  Territories 

5  from  places  beyond  the  limits  thereof. 

Section  6.  The  first,  third  and  fifth  sections,  together  with 

2  this  section  of  these  amendments,  and  third  paragraph  of  the 

3  second  section  of  the  first  article  of  the  Constitution,  and  the 

4  third  paragraph  of  the  second  section  of  the  fourth  article 

5  thereof,  shall  not  be  amended  or  abolished  without  the  con- 

6  sent  of  all  the  States. 

Section  7.  Congress  shall  provide  by  law  that  the  United 

2  States  shall  pay  to  the  owner  the  full  value  of  his  fugitive 

3  from  labor,  in  all  cases  where  the  marshal,  or  other  officer, 

4  whose  duty  it  was  to  arrest  such  fugitive,  was  prevented  from 


5 

5  so  doing  by  violence  or  intimidation  from  mobs  or  riotous  as- 

6  semblagcs,  or  when,  after  arrest,  such  I'ugitive  was  rescued 

7  by  hke  violence  or  intimidation,  and  the  owner  thereby  de- 

8  privcd  of  the  same;  and  Congress  shall  provide  by  law  for 

9  securing  to  the  citizens  of  each  State  the  privileges  and  im- 
10  munities  of  the  several  States. 

Therefore,  be  it  resolved  by  the  representatives  of  the  people 
2  of  Virginia,  in  Convention  assembled: 

1.  Tliat  it  be  and  is  hereby  recommended  to  the  people  of 

2  the  several  States  composing  the  United  States,  to  hold  in 

3  their  respective  States,  conventions  to  consider  the  said  mea- 

4  sures  of  adjustment,  and  express  their  approval  of  the  same, 

5  and  request  their  senators  and  representatives,  in  Congress 
G  assembled,  either  in  extra  or  regular  session,  at  its  first  meet- 

7  ing,  to  adopt  the  same  by  the  constitutional  majority  of  two- 

8  thirds  of  each  house,  so  that  the  same  may  be  laid  before  the 

9  several  States  of  this  Union,  in  the  mode  pointed  out  by  the 

10  said  fifth  article  of  the  Constitution  aforesaid,  for  ratification 

11  or  rejection. 

2.  That  tliis  Convention,  for,  and  in  the  name  of  the  good 

2  people  of  this  Commonwealth,  do  declare  their  approval  of 

3  the  said  propositions,  and  will,  if  adopted  as  an  amendment 

4  to  the  Constitution  of  the  United  States,  accept  the  same  as 

5  an  adjustment  of  all  our  national  difliculties,  and  that  we  do 


6 

6  hereby  request  our  senators  and  representatives  in  Congress, 

7  at  its  next  session,  whether  convened  in  extra  or  regular  ses- 

8  sion,  to  use  their  best  efforts  to  have  the  same  adopted  in 

9  their  respective  houses  by  the  constitutional  vote  required, 

10  to  the  end  that  the  same  may  be  laid  before  the  people  of  the 

11  several  States  of  the  Union,  to  be  by  them  ratified  or  rejected, 

12  in  the  manner  provided  in  the  Constitution,  through  the  ac- 

13  tion  of  State  conventions  or  the  legislatures  of  the  several 

14  States. 

3.  That  it  shall  be  the  duty  of  the  officers  conducting  the 

2  election  for  members  of  the  next  General  Assembly  of  this 

3  State  to  sec  that  a  poll  is  opened  at  the  several  places  of  voting 

4  in  this  Commonwealth  to  take  the  sense  of  the  voters  of  this 

5  State  upon  the  said  measures  of  adjustment  recommended 

6  by  tlie  Peace  Conference,  and  the  better  to  secure  a  correct 

7  poll  book,  the  Governor  of  this  Commonwealth  is  requested 
S  to  have  prepared  and  transmitted  to  every  county  in  this 
9  Commonwealth,  a  sufficient  number  of  poll  books  to  supply 

10  each  county  with  as  many  books  as  there  are  places  of  voting 

11  in  the  same,  said  books  to  be  headed  Poll  Book  for  taking 

12  the  sense  of  the  voters  upon  the  adoption  of  the  measures  of 

13  adjustment  recommended  by  the  Peace  Conference,  and  to 

14  have  two  columns,  the  one  headed  '^For  the  adjustment," 

15  the  other  headed  "Against  the  adjustment j"  and  it  shall  be 


7 

16  the  duty  of  the  said  conducting  oflicers;  each  and  all  of  them 

17  to  see  that  the  names  of  all  persons  qualified  to  vote  for  mem- 

18  bers  of  the  General  Assembly,  and  who  present  themselves 

19  to  vote  at  the  respective  places  of  voting,  are  allowed  to  vote 

20  for  or  against  the  said  measures  of  adjustment,  and  that  the 

21  names  of  all  those  who  vote  for  adjustment  are  recorded  in 

22  the  column  headed  "For  the  adjustment,"  and  all  those  who 

23  vote   "against  adjustment,"   are   recorded   in   the   column 

24  headed  "Against  the  adjustment,"  said  poll  books  to  be  re- 

25  turned,  and  their  correctness  certified  to  underneath  by  the 

26  ofiicers  conducting  the  election,  within  two  days  after  the 

27  said  election,  to  the  clerk  of  the  respective  county  or  corpo- 

28  ration  court,  as  the  case  may  be,  in  which  the  said  conduct* 

29  ing  officers  reside,  and  it  shall  be  the  duty  of  the  respective 

30  county  and  corporation  clerks  of  this  Commonwealth  to  cer- 

31  tify  to  the  Governor  of  this  Commonwealth,  attested  by  their 

32  seal  of  office,  the  result  of  the  vote  upon  the  question  afore- 

33  said,  in  their  respective  counties  and  corporations  aforesaid, 

34  within  two  days  after  the  said  poll  books  shall  be  returned 

35  by  the  conducting  officers  aforesaid j   and  the  Governor  of 

36  this  Commonwealth  upon  receipt  thereof,  is  hereby  requested 

37  to  ascertain  the  result  of  the  said  vote  in  the  State,  and  to 

38  make  the  same  known  by  proclamation,  and  if  a  majority  of 

39  the  votes  cast  shall  be  in  favor  of  the  said  Peace  Conference 


8 

40  adjustment,  he  is  hereby  requested  to  communicate  to  the 

41  Governor  of  each  of  the  States  of  this  Union  the  foregoing 

42  resohitions,  with  the  result  of  the  vote  aforesaid,  with  a  re- 

43  quest  to  each  to  take  such  steps  as  the  Constitution  and 

44  laws  of  his  State  may  require  to  be  taken,  in  order  that  a 

45  convention  of  delegates  may  be  elected  by  the  voters  in  each 

46  State  and  convened,  to  whom  shall  be  referred  the  foregoing 

47  resolutions. 


SUBSTITUTE 

For  the  Rejjort  of  the  Committee  on  Federal  Relations,  presented 
by  Mr.  Baldwin,  March  11,  1861. 


The  representatives  of  the  people  of  Virginia,  in  Convention 

2  assembled,  are  profoundly  sensible  of  the  difficulty,  delicacy 

3  and  importance  of  the  duty  which,  in  obedience  to  the  popu- 

4  lar  will,  they  have  assumed  to  perform. 

They  feel  that  the  controversy  which  unfortunately  distracts 

2  and  divides  our  country  has  brought  about  a  condition  of 

3  public  affairs  for  which  history  has  no  parallel^ud  the  ex- 

4  periencc  of  Government  no  precedent. 

They  recognize  the  fact  that  the  great  questions  which  press 

2  for  consideration  are  of  entire  novelfy  and  of  great  intrinsic 

3  difficulty — and  that  their  proper  solution  will  require  on  the 

4  part  of  our  Governments,  State   and   Federal,  and   of  our 

5  people,   the   exercise  of  the   utmost   prudence,   discretion,' 

6  calmness  and  forbearance. 

They  concur  most  earnestly  in  the  ojiinion  declared  by  the 

2  General  Assembly  of  Virginia,  that  a  permanent  dissolution 
4 


It 


2 

3  of  the  Union  is  inevitable^  unless  our  unhappy  controversies 

4  can  be  adjusted  in  the  spirit  in  which  the  Constitution  was 

5  originally  formed;  and  they  feel  that  to  perfect  any  such 

6  adjustment  it  is  of  indispensable  necessity  that  during  its 

7  progress  the  peace  of  the  country  shall  be  maintained,  and 

8  that  all  parties  shall  in  good  faith  avoid  giving  just  occasion 

9  for  irritation,  collision  and  bloodshed. 

Therefore,  be  it  resolved  by  the  people  of  Virginia,  in  Con- 
2  vention  assembled: 

1.  The  Conference  of  States,  which,  upon  the  invitation  of 

2  Virginia,   was   recently  held   in   the    City   of  Washington, 

3  having  recommended  certain  amendments  to  the  Constitu- 

4  tion  of  the  United.  States,  as,  in  the  opinion  of  the  Con- 

5  ference,  containing  a  fair  and  satisfactory  adjustment  of  ex- 

6  isting  difficulties,  so  far  as  they  can  be  reached  by  changes 

7  in  the  organic  law — this  Convention  is  of  opinion  that  the 

8  said  amendments  if  concurred  in  by  the  States  hereinafter 

9  invited  to  conference,  and  engrafted  upon  the  Constitution 

10  of  the  United  States,  will  be  satisfactory  to  the  people  of 

11  Virginia. 

2.  The  peculiar  relations  of  the  States  of  Delaware,  Mary- 

2  land,  Virginia,  North  Carolina,  Tennessee,  Kentucky,  Mis- 

3  souri  and  Arkansas  to  each  other  and  to  the  other  States, 

4  make  it  proper,  in  the  judgment  of  this  Convention,  that 


3 

5  the  former  States  should   consult  together  for  the  mainte- 

6  nance  of  their  rights  in  the  Union,  or,  failing  in  that,  to 

7  concert  such  measures  for  their  final  action  as  the  honor,  the 

8  interests  and  the  safety  of  their  people  may  dcmand^ — and  for 

9  that  purpose  the  proper  authorities  of  those  States  arc  re- 

10  quested  to  appoint  Commissioners  to  meet  Commissioners 

11  appointed  by  this  Convention,  on  behalf  of  the  people  of 

12  this  State,  at  Frankfort,  in  the  State  of  Kentucky,  on  the 

13  last  Monday  in  May  next. 

3.  The  people  of  Virginia  will  not  anticipate  any  disposition 

2  on  the  part  of  the  General  Government  to  engage  in  the 

3  hopeless  effort  to  subject  the  Governments  and  people  of 

4  several  States,  against  their  will,  to  Federal  authority.     Any 

5  such  attempt  would  inevitably  result  in  civil  war — soon  to 

6  become  a  sectional  war  against  the  institutions  and  people  of 

7  fifteen  States  of  this  Union.     The  people  of  Virginia  cannot 

8  be  inattentive  or  indifferent  to  any  indications   of  such  a 

9  policy — but  they  trust  that  the  Government  will  take  the 

10  wiser  course,  and  will,  in  accordance  with  the  spirit  of  our 

11  institutions,  withdraw  all  irritating  displays   of  force,  and 

12  seek  to  disarm  freemen  by  removing  the  causes  of  their  just 

13  complaints. 

4.  The  grievances  for  which  several  of  the  States  have  un- 
2  dertaken  to  withdraw  from  the  Union  are  ';uch  as  have  af- 


4 

3  fected  Virginia  to  a  greater  extent  than  any  one  of  them. 

4  For  these  grievances  she  requires  and  expects  to  obtain  full 

5  redress,  and  she  will  be  slow  to  believe  that  those  Slates  will 

6  find  it  consistent  with  their  inclinations,  or  their  interests, 

7  to  abandon  permanently  a  Union  in  which  they  are  offered 

8  terms  of  adjustment  which,  in  respect  to  common  interests 

9  and  common  grievances,  satisfy  the  judgment  and  the  honor 
10  of  Virginia. 

In  any  event,  as  Virginia  is  endeavoring  to  secure  to  them, 

2  the  opportunity  to  determine  their  destiny  in  peace,  she  can 

3  look  with  no  favor  or  sympathy  upon  any  conduct  on  their 

4  part  tending  to  precipitate  upon  her  people  the  horrors  of 

5  civil  war. 

5.  It  is  the  belief  of  this  Convention  that  the  sectional  con- 

2  troversies  which  divide  the  people  of  the  United  States,  if 

3  not  originated,  have  been  greatly  aggravated  by  the  manage- 

4  ment  of  politicians,  for  the  advancement  of  personal   and 

5  party   schemes.     They  feel   confident   that  if  the   people, 

6  North  and  South  can  come  to  understand  each  other,  they 

7  will  find  means  to  compel  a  fair  and  amicable  settlement  of 

8  all  the  matters  in  dispute.     It  is,  therefore,  recommended 

9  that  the  Conference  at  Franktort  shall  take  into  considera- 

10  tion  the  propriety  of  a  direct  appeal  to  the   people  of  the 

11  North  in  favor  of  justice,  union,  and  peace. 


6 

6.  The  Federal  authorities  under  the  Constitutiou  as  it  \i>, 

2  having  disclaimed  the  power  to  recognize  the  withdrawal  of 

3  any  State  from  the  Union  or  to  deal  with  the  grave  ques- 

4  tions  arising  upon  such  withdrawal,  the  people  of  Virginia, 

5  without  expressing  any  opinion  upon  the  question  of  power 
0  but  in  deference  to  the  opinion  of  the  Federal  authorities, 

7  hereby  declare  their  willingness  to  unite  in  conferring  upon 

8  the  Government  of  the  United  States,  the  power,  if  it  shall 

9  become  necessary,  to  recognize  the  separate  independence  of 

10  the  seceding  States,  and  to  make  such  treaties  with  them, 

11  and  to  pass  such  laws  as  tlie  separation  may  render  proper. 
T.  In  order  to  await  the  action  of  the  Frankfort  Conference, 

2  this  Conyention  will  itdjourn  to  meet  again  on  the  day 

3  of  ,  1861. 


0 


SXTBSTITUTE 

For  the  Report  of  the  Committee  on  Fedei'al  Relations ,  j)resentcd 
by  Mr.  Wickham,  March  11,  1861. 


The  representatives  of  the  people  of  Virginia  in  Convention 

2  assembled,  are  profoundly  sensible  of  the  difficulty,  delicacy 

3  and  importance  of  the  dtity  which,  in  obeaience  to  the  popu- 

4  lar  will,  they  have  assumed  to  perform. 

They  feel  that  the  controversy  which  unfortunately  distracts 

2  and  divides  our  country  has  brought  abotit  a  condition  of 

3  public  affairs  for  which  history  has  no  parallel  and  the  expe- 

4  rience  of  governments  no  precedent. 

They  recognize  the  fact  that  the  great  questions  which  press 

2  for  consideration  are  of  entire  novelty  and  of  great  intrinsic 

3  ditiiculty,  and  that  their  proper  solution  will  require  on  the 

4  part  of  our  governments,  State  and  Federal,  and  of  our  peo- 

5  pie  the  exercise  of  the  utmost  prudence,  discretion,  calmness 

6  and  forbearance. 

Above  all  other  things  at  this  time  they  esteem  it  of  indis- 
2  pensable  necessity  to  maintain  the  peace  of  the  country,  and 


2 

3  to  avoid  everything  calculated  or  tending  to  produce  collision 

4  and  bloodshed. 

The  grievances  for  which  several  of  the  States  have  with- 

2  drawn  from  the  Union  and  overthrown  the  Federal  Govern- 

3  ment  within  their  limits,  are  such  as  have  affected  the  peo- 

4  pie  of  Virginia  to  a  greater  extent  than  any  of  the  seceded 

5  States,  and  it  is  their  determined  purpose  to  require  such 

6  guarantees  for  the  protection  of  the  rights  of  the  people  of 

7  the  slaveholding  States,  as,  in  the  judgment  of  Virginia, 

8  will  be  sufRcient  for  the  accomplishment  of  that  object. 

Deeply  deploring   the  present  distracted   condition   of  the 

2  country,  and  lamenting  the  wrongs  that  have  impelled  some 

3  of  the  States  to  cast  off  obedience  to  the  Federal  Govern- 

4  ment,  but  sensible  of  the  blessings  of  tiie  Union,  and  im- 

5  pressed  with  its  importance   to   the  peace,  prosperity  and 

6  progress  of  the  people,  she  indulges  the  hope,  that,  an  adjust- 

7  ment  may  be  reached  by  which  the  Union  may  be  preserved 

8  in  its  integrity,  and  peace,  prosperity  and  fraternal  feelings 

9  be  restored  throughout  the  land. 

Virginia  having  initiated  measures  to  obtain  such  guarantees^, 

2  a  proper  self-respect  impels  her  to  demand  of  all  the  parties 

3  that  they  shall  refrain,  during  the  pendency  of  her  efforts  fot 


3 

4  amicable  adjustment,  from  all  action  tending  to  produce  a 

6  collision  of  forces;  therefore, 

1.  Resolvedy  That  the  people  of  Virginia  are  under  existing 

2  circumstances  unalterably  opposed  to  the  exercise  of  any  spe- 

3  cies  of  force  on  the  part  of  the  Federal  Government  towards 

4  the  States  that  have  withdrawn  themselves  from  the  Union, 

5  and  believing  that  any  armed  collision  between  the  Federal 

C  authorities  and   those  of  the  S' ceded   States  would   render  ut- 

7  terly  futile  the  efforts  in  which  Virginia  is  engaged   to  recon- 

8  cile  the  differences  now  existing  between  the  States,  and  would 

9  cause  the  irrevocable  dissolution  of  the  Union,  they  earnestly 

10  insist  that  the  Federal  Government  shall  adopt  a  pacific  policy 

11  towards  those  States;  shall  make  no  attempt  to  subject  them 

12  to   Federal   authority,  or  to  reinforce  the  forts  now  in   posses- 

13  sion  of  the   military  forces  of  the  United   States,  or  to  recap- 

14  lure  the  forts,  arsenals  or  other  jiroperty  of  the  United  States, 

15  within   ilieir   limits,  nor  to   riSDrt  to  any  measures  calculated, 
IG  in  the  i^iesei.t  excitiil  state  of  fttling,  to  provoke  hostile  rcl- 

17  lision;  and  on  the  other  hand,  they  invoke  (he  seceded  States 

18  to  abstain  fiom  any  act  tending  to   produce  such  collision  bc- 

19  tween  them  and  the  Ft(N  ral  authorities. 

2.  Resolved^  Thai  the  jecidiar  rtlations  of  tl;e  States  of  Dela- 

2  vare,  Maryl.ind,  Virginia,   Noith   Carolina,  Tenncsiee,  Ken- 
5 


3  tucky,  Missouri  and   Arkansas  to  the  other  States,  make  it 

4  proper,  in  the  judgment  of  this  Convention,  that  the  former 

5  States  shouhl  consult  together  and  concert  such  measures  for 

6  their  final  action  as  the  honor,  the  interests  and  the  safety  of 

7  the  people  thereof  may  demand,  and  for  that  purpose  the  pro- 

8  per  authorities  of  those  States  are  requested  to  appoint  com- 

9  missioners  to  meet  commissioners  to  be  appointed  by  this  Con- 

10  vention  on  behalf  of  the  people  of  this  State,  at  Frankfort,  in 

11  the  State  of  Kentucky,  on  the  last  Monday  in  May  next. 

3.  Resolved,  That  whilst  we  desire  to  confer  with  the  States 

2  mentioned  in  the  preceding  resolution  upon  this  as  upon  all 

3  other  matters  connected  with  our  national  troubles,  yet  we 

4  deem  it  proper  to  declare,  that  W'e  regard  the  propositions 

5  agreed  upon  by  the  Convention  recently  in  session  in  the  City 

6  of  Washington,  known  as  the  "Peace  Congress,"  as  afFord- 

7  ing,  if  adopted   as  amendments  to   the  Constitution,  a  fair, 

8  proper  and  honorable  basis  of  adjustment  of  all  our  national 

9  difficulties. 

4.  Resolved,  That  the  people  of  Virginia,  confiding  in  the 

2  justice  of  the  people  of  her  sister  States,  appeals  to  them  for 

3  a  satisfactory  adjustment  of  the  existing  difficulties  in  our 

4  Federal  relations.  Virginia,  therefore,  invites  the  people  of  the 

5  several  States,  either  by  popular  vote  or  in  Conventions,  simi- 


5 

6  lar  to  her  own,  to  respond,  at  their  earliest  convenience  to  the 

7  positions  assumed  in  the  foregoing  resolutions.     She  cannot 

8  regard  a  failure  to  obtain  such  adjustment  in  any  other  light 

9  than  as  a  final  overthrow  of  the  Union  of  those  States. 


Thursday,  April  4,  1861. 

The  Convention  assembled  at  10  o'clock,  A.  M. 

Prayer  by  the  Rev.  Dr   Jeteu,  of  the  Baptist  Church. 

In  pursuance  oi  the  order  of  tlie  day,  the  Convention,  at  half 
past  ten  o'clock,  resolv^ed  itself  into  a  Committee  of  the  Whole, 
Mr.  SouTHALL  in  the  chair.  After  some  time  passed  in  Com- 
mittee of  the  Whole,  the  Presidknt  resumed  the  chair,  and  Mr. 
SouTiiALT-  reported  that  the  Comn)ittee  had  made  some  progress 
with  the  matter  referred  to  tliem,  but  had  come  to  no  final  con- 
clusion thereupon. 

On  motion  of  Mr.  Hull,  the  following  resolution  was  adopted : 

Resolved,  That  when  the  Convention  adjotirns  on  Saturday  next,  it  will  adjourn 
to  meet  on  Monday,  and  thereafter  in  the  Hall  of  the  House  of  Delegates. 

The  resolutions  submitted  by  Mr.  Willey,  on  the  16th  ult., 
being-  the  unfinished  business,  were  taken  up. 

Mr.  Turner,  of  Jackson,  moved  to  amend  the  resolutions  by 
striking  out  the  whole  and  inserting  the  following: 

"  1.  Jiesoli-ed,  That  it  is  expedient  and  proper  that  the  23d  section  of  the  4th 
article  of  the  Constitution  oi' this  State  shall  be  so  modified,  that  slaves,  like 
other  propel  ty,  shall  be  taxed  without  exemption,  and  according  to  value,  and 
that  no  exemption  of  any  property  from  taxation  shall  be  had  without  the  vote 
of  a  majority  of  all  the  members  elected  to  each  House  of  the  General  As- 
sembly. 

"2.  Resclrrd,  That  a  Committee,  to  consist  of  thirteen  members,  to  be  se- 
lected from  the  different  sections  of  the  State,  be  appointed,  who  shall  report  to 
this  Convention  such  amendments  to  the  Constitution  of  the  State  as  will  effect 
the  object  indicated  in  the  foregoing  resolutions." 

Mr.  Seawell  moved  to  amend  the  amendment  by  striking  out 
all  after  the  word  "resolved,"  in  the  first  line,  and  inserting  the 
following: 

That  a  Committee  of  Thirteen  be  appointed  to  inquire  into  and  report  to 
this  Convention,  whether  any,  and  if  any,  what  alterations  of  sections  twenty- 
two  and  twenty-three  of  article  four  of  the  Constitution  of  the  Commonwealth 
are  proper  to  be  made  at  this  time. 

Pending  the  consideratiT»n  of  which, 

On  motion  of  Mr.  Tredway,  the  Convention  adjourned. 


To  the  Report  of  the  Committee  on  Federal  Relations,  submitted 
by  Mr.  Scott,  of  Fauqmer,  in  Committee  of  the  Whole,  April 
10,  1S61. 


[To  come  in  at  the  end  of  tlie  14th  resohitioti.] 

And  in  the  event  that  tavorable)responses  on  the  part  of  the 

2  non-slaveholding  States  be  not  made  to  the  i)roposed  amend- 

3  nients  to  the  Constitution, ^y  the  time  appointed  for  the  re- 

4  assembhng  of  this  body",)it  is  the  opinion  of  this  Convention 

5  that  the  said  States  of  Delaware,  Maryland,  North  Carolina, 
G  Tennessee,  Kentucky,  Missouri  and  Arkansas  ought  to  as- 
7  semble  in  primary  conventions,  and  in  conjuction  with  this 
S  State  convene^iit  on  the  day 
0  of                                                  Ja  Congress  of  the  said  States 

10  composed  of  delegates  to  be  appointed  by  the  respective  con- 

''  \ 

1 1  ventions  thereof  for  the  purpose  of  reconmiending  an  amended 

12  constitution, of  govemmentjupon   wiiioh   the  Union  of  the 

/\   - 

13  States  and  the  Confederated  (Stales  with  such  of  the  non- 
14  slaveholding  States  as  may  concur  therein  can  ho  safely  ef- 
1.")  fected;  to  whicji  Congress  the  (\infederated  States  and  the 
l()(Cf>ncurring  )non  slaveholding  Slates  ought  to  bo  invited  to 
17  send  < 'onuuissioners. 


Proposed  to   he  ftubmitted  hi/  "Six.  Bruce,  t%f   the   amendment 
submitted  by  Mr.  Scott,  of  F(ni'/uier,  in  Committee  of  the 

Whole,  April  U),\^<ol. 

\ 


[Strike  oiU  nil  afhn-  the  word  '^'aml,"  and  insert:] 
The  fi^regoiiig  resolutions  and  amoiuhuents  to  the  Constitu- 

2  tiou  thereto  appended,  are  respeetfnlly  submitted  to  the  other 

3  States  of  tlie  Confederacy,  as  the  only  terms  on  which  Vir- 

4  ginia  feels  it  safe  or  honorable  to  continue  a  member  of  the 

5  present  Union,  and  she  is  bound  to  announce  it  as  her  fixed 
G  and  unalterable  determination,  that  if  they  are  not  acceded 

7  to  on  or  before  the  day  of  ,  by  such 

8  a  number  of  her  co-States  as  may  be  necessary  to  carry  into 

9  eflect  the  proposed  amendments,  in  conformity  with  the  pro- 

10  visions  of  the  Constitution  of  the  United  States,  that  she 

1 1  will  then  withdraw  herself  from  tliis  Union,  and  proceed  to 

12  form  such  new  connections  as  she  may  deem  necessary  for 

13  her  independence,  her  security  and  her  happiness. 


^ ' 


?J 


'f^/ 


^ 


^^J^ 


AMENDMENT 

jBy  way  of  addition  to  the  Report  of  the  Committee  on  Federal 
Relations,  presented  by  Mr.  Wysor,  April  11th,  1S61,  and 
referred  to  the  Committee  of  the  Whole. 


1.  It  shall  be  the  duty  of  the  President  of  this  Convention, 

2  immediately  on  its  adjournment,  to  certify  to  the  Governor 

3  of  this  Commonwealth  a  copy  of  the  foregoing  resolutions 

4  and  proposed  amendments  to  the  Constitution  of  the  United 

5  States  thereunto  annexed,  together  with  this  schedule. 

2.  Upon  the  receipt  of  such  certified  copy  Ihe  Governor  shall 

2  forthwith  announce  the  fact  by  proclamation,  to  be  published 

3  in  such  newspapers  of  the  State  as  may  be  deemed  requisite 

4  for  general  information;  and  shall  annex  to  his  proclamation 

5  a  copy  of  said  resolutions,  amendments  and  schedule;  which 

6  proclamation  shall  be  published  in  the  manner  above  men- 

7  tioned  for  the  space  of  one  month ;  and  the  Secretary  of  the 

8  Commonwealth   shall   immediately   transmit,  by  mail,  ten 

9  printed  copies  thereof,  together  with  the  amendments  to  the 

10  Constitution  of  this  State,  hereinafter  set  forth,  to  tlie  clerks 

11  of  each  county  and  corporation  court  in  this  Common wcath, 


2 

12  to  be  by  such  clerks  submitted  to  the  examination  of  any 

13  person  desiring  the  same. 

3.  It  shall  also  be  the  duty  of  the  Governor  immediately  upon 

2  the  receipt  of  the  certified  copy  aforesaid,  to  transmit  copies 

3  thereof  to  the  President  of  the  United  States,  and  to  each  of 

4  the  Governors  of  the  several  States  yet  remaining  in  the 

5  Union;  making  known  to  the  former  the  wish  of  this  Con- 

6  vention,  that  he  shall,  with  as  little  delay  as  possible,  con- 

7  vene  the  Congress  of  the  United  States,  in  extra  session,  and 

8  lay  before  that  body  the  amendments  aforesaid,  in  order  that 

9  the  same  may  be  proposed  to  the  legislatures  or  conventions 

10  of  the  several  States,  for  ratification,  as  part  of  the  Constitu- 

11  tion  of  the  United  States;  and  expressing  to  the  latter  the 

12  desire  of  this  Convention,  that  the  legislatures  of,  or  conven- 

13  tions,  in  their  respective  States,  maybe  convened,  to  take 

14  into  consideration  the  ratification  of  the  amendments  afore- 

15  said,  if  the  same  shall  be  proposed  to  them  by  Congress,  and 

16  requesting  each  of  them,  on  or  before  the  time  specified  in 

17  the  next  succeeding  section,  save  one  of  this  schedule,  to 
IS  communicate  to  the  Executive  of  this  State,  the  result  of 
19  their  deliberations. 

■     4.  In  the  event  that  Congress  shall,  on  or  before  the 

2  day  of  ,  in  the  year  one  thousand  eight  hundred 

3  and  sixty-one,  propose  the  amendments  aforesaid  to  the  se- 


3 

4  veral  States  for  ratification^  the  Governor  shall  forthwith ^  by 

5  proclamation,  summon  the  members  of  this  Convention  to 

6  meet  at  the  Capitol,  in  the  City  of  Richmond,  on  a  day  to 

7  be  named  by  him,  not  exceeding  thirty  from  the  date  of  his 

8  proclamation. 

5.  In  the  event  that  the  amendments  aforesaid  shall  not  be 

2  proposed  by  Congress  to  the  several  States  for  ratification,  or 

3  having  been  proposed,  shall  not,  on  or  before  the 

4  day  of  ,  in  the  year  one  thousand  eight  hundred 

5  and  sixty-one,  have  been  ratified  by  the  legislatures  of  three- 

6  fourths  of  the  several  States,  Virginia  inclusive,  or  by  con- 

7  ventions  in  three- fourths  thereof,  so  that  the  same  shall  be 

8  valid,  to  all  intents  and  purposes,  as  part  of  the  Constitution 

9  of  the  United  States;  it  shall  be  the  duty  of  the  Governor  to 

10  make  that  fact  known  by  proclamation,  to  be  published  in 

11  the  manner  prescribed  in  the  second  section  of  this  schedule; 

12  and  in  the  same  proclamation,  he  shall  appoint  a  day,  not  ex- 

13  ceeding  sixty  nor  less  than  thirty  days,  from  the 

14  day  of  aforesaid,  for  holding  an  election  to  take 

15  the  sense  of  the  people  of  this  Commonwealth  upon  the 

16  question  of  ratifying  or  rejecting  the  following  ordinance,  to 

17  wit: 

Wc,  the  people  of  Virginia,  do  declare  and  ordain,  and  it  is 
2  hereby  declared  and  ordained,  that  the  ordinance  adopted  by 


4 

3  US;  in  Convention,  on  the  twenty-fifth  day  of  June;  in  the 

4  year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 

5  eight;  whereby  the  Constitution  of  the  United  States  of  Ame- 

6  rica  was  ratified;  and  also  all  acts  and  parts  of  acts  of  the 

7  General  Assembly  of  this  State,  ratifying  amendments  of  the 

8  said  Constitution;  are  hereby  repealed ;  and  that  the  Union 

9  now  subsisting  between  Virginia  and  other  StateS;  under  the 
10  name  of  the  United  States  of  America;  is  hereby  dissolved. 

6.  Upon  the  day  appointed  by  the  Governor  as  aforesaid;  the 

2  officers  authorized  by  existing  laws  to  conduct  general  elec- 

3  tions,  shall  at  the  places  appointed  for  holding  the  same, 

4  open  a  poll  book  to  be  headed  with  the  ordinance  aforesaid, 

5  and  to  contain  two  separate  columns:  the  first  column  to  be 

6  headed;   "For  ratifying;"   the  other  to  be  headed;   "For 

7  rejecting." 

And  such  officers,  keeping  said  polls  open  for  the  space  of 

2  three  days,  shall  then  and  there  receive  and  record  in  said 

3  poll  book,  the  votes  for  and  against  said  ordinance,  of  all 

4  persons  qualified  under  existing  laws  to  exercise  the  right  of 

5  suflErage. 

7.  The  taking  of  the  polls,  the  duties  to  be  performed  by  the 

2  officers,  the  privilege  of  the  voters  and  the  penalties  attaching 

3  for  misconduct  on  the  part  of  any  person  shall  be  in  all 

4  things  as  prescribed  by  existing  laws  regulating  general  elec- 


5 

5  tions  so  far  as  they  may  be  applicable,  adopting  the  forms  of 

6  the  returns,  to  the  purpose  of  certifying  the  votes  aforesaid 

7  to  the  Governor  and  to  the  clerks  of  the  sev^eral  county  and 

8  corporation  courts  of  the  Commonwealth. 

8.  It  shall  be  the  duty  of  the  Governor  upon  receiving  the 

2  returns  of  said  officers,  to  ascertain  the  result  thereof,  and 

3  forthwith  to  declare  the  same  by  his  proclamation,  stating 

4  the  aggregate  vote  in  the  State  for  and  against  the  ratification 

5  aforesaid,  and  if  a  majority  of  all  the  votes  cast  in  said  elec- 

6  tion  shall  be  in  favor  of  ratifying  said  ordinance,  he  shall  in 

7  the  same  proclamation,  summon  the  members  of  this  Con- 

8  vention  to  meet  at  the  Capitol,  in  the  City  of  Richmond,  on 

9  a  day  to  be  named  by  him,  not  exceeding  twenty  days  from 

10  the  date  of  his  said  proclamation,  to  take  into  consideration 

11  such  measures  and  such  new  connections  as  the  adoption  of 

12  said  ordinance  may  make  necessary  for  the  safety  and  hap- 

13  piness  of  this  State. 


PLAN  NO.  II. 


SUBSTITUTE 


For  the  entire  Report  of  the  Committee  on  Federal  Relations, 
presented  by  Mr.  Wise,  April  13,  1861,  and  referred  to  the 
Committee  of  the  Whole,  (to  be  proposed  as  an  alternative  of 
Plan  No.  I.) 


The  people  of  Virginia  having,  in  vain,  made  every  effort, 

2  consistent  with  their  honor,  to  obtain,  within  the  pale  of  the 

3  confederacy  of  the  United  States  of  America,  their  just  rights, 

4  and  to  restore  the  Union  of  said  States  upon  a  basis  of  equa- 

5  lity,  deem  it  expedient  and  necessary  to  assume  a  separate 
0  and  independent  attitude,  in  order  to  endeavor  more  effectu- 
7  ally  to  obtain  the  same  ends: 

Be  it,  therefore,  ordained  by  the  people  of  Virginia,  and  they 
2  do  declare: 

1.  That  they  hereby  resume  the  powers  granted  by  them 

2  under  the  Constitution  of  the  United  States,  and  that  the  said 

3  State  is  no  longer  one  of  the  Union  of  States  known  as  the 

4  United  States  of  America;  that  they  resume  all  rights  of  pro- 

5  perty  and  all  jurisdiction  of  places  ceded  or  granted  by  them 


2 

6  to  the  Government  of  the  United  States;  and  that  they  owe 

7  allegiance  to  no  other  sovereignty  or  government  than  their 

8  own  now  declared  separate  from  and  independent  of  all  other 

9  sovereignties  or  governments. 

2.  That  they  will,  separately  and  independently,  proceed  to 

2  fn-m  a  plan  of  Government  such  as  they  may  deem  just  and 

3  equal  for  all  the  States  to  adopt  as  the  Constitution  of  a  new 

4  Union.     That  when  formed,  the  same  shall  be  submitted  to 

5  all   the    States,   slaveholding  and    nonslaveholding,   those 

6  which  have  and  those  which  have  not  seceded.     That  each 

7  State  adopting  the  same  shall  be  received  and  admitted  into 

8  union  Math  the  State  of  Virginia;  and  shall,  as  soon  as  thir- 

9  teen  contiguous  States  shall  adopt  and  unite  in  the  same, 

10  constitute  an  independent  confederated  Republic  to  be  known 

11  under  any  style  and  title  which  it  may  adopt. 

3.  That  until  such  new  Confederacy  shall  be  formed,  the 

2  State  of  Virginia  will  abide  under  her  own  State  Govern- 

3  ment,  modified  as  may  conform  to  the  new  attitude  which 

4  she  assumes.     That  the  people  of  Virginia  do  hereby  recog- 

5  nize  and  acknowledge  the  independent  sovereignty  and  sepa- . 

6  rate  national  existence  of  the  Confederate  States  of  America; 

7  and  they  pledge  to  said  States  their  aid  and  cooperation  in 

8  maintaining  their  independence. 

4.  That  the  people  of  Virginia,  professing  an  ardent  desire 


3 

2  to  restore  the  Union  upon  a  more  permanent  basis,  and  to 

3  preserve  and  perpetuate  peace  and  harmony  among  all  the 

4  States,  demand  that  the  Federal  Government,  during  their 

5  efforts  to  obtain  these  ends,  shall  abstain  from  the  exercise 

6  of  all  force  and  from  all  measures  of  coercion  against  either 

7  or  any  of  the  States ;  and  that  in  case  of  the  exercise  of  force 

8  or  coercion,  endangering  the  peace  of  the  country,  by  the 

9  Federal  Government  or  its  authorities,  pending  the  efforts  of 

10  this  State  to  secure  the  rights  of  her  people  and  to  restore  the 

11  unity  and  union  of  all  the  States,  the  same  shall  be  resisted 

12  by  all  the  means  in  her  power. 

5.  That  the  foregoing  ordinances  be  submitted  in  due  form 

2  to  the  people  of  this  Commonwealth,  to  be  approved  or  not 

3  by  them,  at  their  elections  to  be  held  in  May  next  for  mem- 

4  bers  of  the  General  Assemby.     And  in  case  the  same  be  ap- 

5  proved  by  a  majority  of  the  qualified  voters,  the  Governor 

6  shall  make  proclamation  thereof,  and  send  copies  thereof  to 

7  the  Executives  of  all  the  States,  and  to  the  President  of  the 

8  United  States,  and  to  the  President  of  the  Confederate  States. 


PLAN  NO.  I. 


SUBSTITUTE. 


For  the  report  of  the  Committee  on  Federal  Relations,  presented 
hy  Mr.  Wise,  April  13,  1861,  awe?  referred  to  the  Committee 
of  the  Whole. 


This  Convention,  called  by  the  people  of  the  Commonwealth 

2  of  Virginia,  to  deliberate  upon  tlie  present  exigencies  of  their 

3  Federal  Relations,  and  upon  the  redress  of  their  wrongs  and 

4  grievances  in  the  Confederacy  of  the  United  States,  deems  it 

5  necessary  and  proper,  with  a  view  to  preserve  peace,  to  de- 

6  fend  the  Federal  Constitution,  and  to  restore  and  perpetuate 

7  the  Federal  Union  of  all  the  States,  on  a  basis  of  just  and 

8  equal  rights,  to  declare: 

That  for  a  long  series  of  years  the  property  of  the  citizens  of 

2  the  slaveholding  States,  and  particularly  that  of  her  own  citi- 

3  zens,  has  been  assailed  and  endangered;  that  the  Constitu- 

4  lion  of  the  United  States  has  been  broken;  that  the  rights 

5  and  comities  of  States  and  their  equality  in  the  Union  have 

6  been  denied  to  the  people  of  the  slaveholding  States;  that 

7  the  Federal  laws  have  been  nullified  in  respect  to  the  protec- 


2 

8  tion  of  their  propert}^  in  slaves;  that  the  separate  and  inde- 

9  pendent  right  of  self-government  by  the  border  slaveholding 

10  States  has  been  seriously  impaired,  and,  in  part,  practically 

11  annulled;   that  their  domestic  tranquility  and  social  safety 

12  have  been  endangered  and  ruthlessly  disturbed  by  actual  in- 

13  vasion;  that  associated  and  systematic  efforts  have  been  con- 

14  stantly  and  persistently  made  to  enforce  upon  their  people 

15  rules  of  conscience  and  of  morals  by  a  power  without  their 

16  borders^,  to  control  the  family  governments  of  their  homes  and 

17  their  relations  as  masters  to  their  domestic  slaves;  that  their 
]  8  character  as  a  people  has  been  maligned  and  misrepresented 

19  to  the  world,  in  order  to  bring  an  influence  to  bear  upon 

20  their  rights  and  relations  and  their  wills,  rendering  them 

21  odious,  and  no  less  offensive  and  injurious  to  their  sense  of 

22  self-respect  and  to  their  interests  than  the  force  of  arms;  that 

23  the  sanctity  of  the  Federal  judiciary  has  been  threatened 

24  and  set  at  naught,  in  order  to  destroy  the  only  peacefid  guard 

25  and  guarantee  of  their  rights  of  property  and  Federal  equality; 

26  and  that  a  sectional  hate,  which  engendered  these  evils,  is 

27  continually  magnifying  them  by  every  form  and  effort  of  in- 

28  cendiarism,  until  they  are  no  longer  endurable;   until  the 

29  people  actuated  by  it  have  obtained  the  reins  of  Federal  au- 

30  thority  and  control  in  all  the  departments  of  government;  and 

31  until  several  of  the  sovereignties,  parties  to  the  Federal  com- 


e 

32  pact,  have  been  compelled  to  resume  the  powers  granted  by 

33  them  under  the  Federal  Constitution,  and  to  form  a  separate 

34  and  independent  confederacy,  thereby  dissolving  the  Union 

35  of  the  United  States  of  America. 

These  wrongs  have  been  perpetrated  in  part  by  the  Federal 

2  Government,  by  acts  either  of  omission  or  of  commission,  in 

3  part  by  the  non-slaveholding  States,  and  in  part  by  their  peo- 

4  pie,  unrestrained  by  laws  such  as  confederates  are  bound  to 
6  enact  in  respect  to  the  rights  and  safety  of  each  other. 

And  the  secession,  consequent  upon  these  wrongs,  is  now 

2  met  by  every  indication  of  an  intention  and  an  attempt  to 

3  coerce  the  submission  of  seceding  States,  by  the  authorities 

4  of  the  Federal  Government,  who  are  but  the  mere  agents  of 
6  the  sovereign  parties  to  the  Federal  compact,  without  even 

6  an  appeal  to  them  for  the  sanction  of  any  ultimate  resort  to 

7  force. 

Thus,  under  the  pretext  of  enforcing  laws  of  the  Federal 

2  Government,  the  jurisdiction  of  which  is  now  denied  and 

3  abjured  by  the  seceding  States,  the  nation  is  imminently 

4  threatened  by  an  unnatural   and   unnecessary  civil  war — 

5  equally  unnecessary,  whether  the  Union  is  to  be  finally  dis- 

6  solved  or  restored. 

These  indications  are  made  but  too  plainly  manifest  by  the 
2  failure  of  the  Conference,  inaugurated  by  the  Legislature  of 


4 

3  this  Commonwealth  herself,  to  agree  on  any  terms  of  adjust- 

4  merit;  by  the  disclaimer  of  all  power  on  the  part  of  the  Fe- 

5  deral  authorities  to  negotiate  for  peace  with  the  Commission- 

6  ers  of  the  seceded  States;  by  the  inaugural  address  of  the  in- 

7  cumbent  President  of  the  United  States,  declaring  the  policy, 

8  powers  and  purposes  of  his  administration  of  the  Federal 

9  Government,  and  supposed   to  represent  the  sentiments  of 

10  large  majorities  of  the  Slates  constituting  the  major  section 

11  of  the  United  States;  by  his  failure  to  suggest  any  mode, 

12  whilst  disclaiming  all  po\rers  of  adjustment;  by  the  failure 

13  of  Congress  to  recognize  the  results  of  the  Peace  Conference, 

14  or  to  recommend  any  other  plan  of  peace;  and  by  the  con- 

15  centration  of  Federal  troops  at  various  points,  and  the  rein- 

16  forcing  and  holding  of  certain  forts  and  arsenals,  with  the 

17  obvious  intent  and  purpose  of  ov^ercoming  any  resistance  by 
IS  the  seceded  States  to  the  execution  of  Federal  laws,  and  to 

19  overawe  the  further  secession  and  free  action  of  the  slave- 

20  holding  States. 

Be  it  therefore  ordained  and  declared  by  the  people  of  Vir- 

2  ginia,  in  Convention  assembled ,  That  the  filiowing  amend- 

3  ments  to  the  Constitution  of  the  United  States,  be  submitted 

4  to  their  confederate  States  still  adhering  to  the  late  Union, 

5  and  also  to  the  States  which  have  seceded  therefrom,  for  their 

6  respective  determinate  conclusions  thereon,  to  wit: 


5 

Amendments  of  the  Constitution  of  the  United  States  suhinitted. 
Section  1.  In  all  the  present  territory  of  the  United  States, 

2  involuntary  servitude,  as  it  now  exists,  shall  remain  and  shall 

3  not  be  changed;  nor  shall  any  law  be  passed  by  Congress  or 

4  the  territorial  legislatures  to  hinder  or  prevent  the  taking  of 

5  persons  held  to  service  or  labor,  from  any  of  the  States  of 

6  this  Union  to  said  territory;  nor  to  impair  the  rights  arising 

7  from  said  relation;  nor  shall  said  rights  be  in  any  manner 

8  affected  by  any  preexisting  law  of  Mexico  in  the  part  acquired 

9  from  her;  but  the  same  shall  be  protected  by  necessary  reme- 

10  dial  laws  as  other  rights,  and  be  subject  to  judicial  cognizance 

11  in  the  Federal  Courts,  according  to  existing  laws,  and  to  the 

12  remedies  and  practice  of  the  common  law,  except  so  far  as 

13  they  may  be  modified   by  the  existing  or  territorial  laws. 

14  And,  when  any  territory,  within  such  boundary  as  Congress 

15  may  prescribe,  shall  contain  a  population  equal  to  that  re- 

16  quired  for  a  member  of  Congress,  it  shall,  if  its  form  of  go- 

17  vernment  be  republican,  be  admitted  into  the  Union  on  an 

18  equal  footing  with  the  original  States,  with  or  without  invo- 

19  luntary  servitude,  as  such  Constitution  of  the  State  maypro- 

20  vide.     In  all  territory  which  may  hereafter  be  acquired  by 

21  tiie  United  States,  involuntary  servitude  is  prohibited,  except 

22  for  crime,  north  of  thirty-six  degrees  thirty  minutes;  but  shall 


6 

23  not  be  prohibited  by  Congress  or  any  territorial  legislature, 

24  and  shall  be  protected  by  law,  south  of  that  line. 
Section  2.  Neither  the  Constitution,  nor  any  amendment 

2  thereof,  shall  be  construed  to  give  Congress  power  to  abolish 

3  involuntary  servitude  in  any  territory;  nor  in  the  District  of 

4  Columbia;  nor  in  the  sites  of  forts,  magazines,  arsenals  or 

5  other  places  ceded  bj  the  States  to  the  Federal  Government, 

6  within  the  limits  of  those  States  where  involuntary  servitude 

7  is  estabhshed  or  recognized ;  nor  within  any  forts,  magazines, 

8  arsenals,  or  other  places  reserved  within  the  limits  of  any 

9  territory  for  the  uses  of  the  Government  of  the  United  States; 

10  but  Congress  shall  pass  all  laws  necessary  and  proper  to  pro- 

11  tect  the  property  in  persons  held  to  service  or  labor,  in  said  ter- 

12  ritory,  district,  or  other  places  ceded  or  reserved  to  the  United 

13  States.     Nor  shall  any  law  be  passed  by  Congress  to  hinder  or 

14  prevent  the  taking  of  persons  held  to  service  or  labor  to  or  from 

15  the  District  of  Columbia,  or  to  hinder  or  prevent  the  retaining 

16  of  the  same  within  the  limits  thereof.     Nor  shall  Congress 

17  have  the  power  to  hinder,  interrupt,  or  prohibit  the  removal 
IS  or  transportation,  by  land  or  water,  of  persons  hald  to  service 

19  or  labor  in  any  State  or  Territory  of  the  United  States  to  any 

20  other  State  or  Territory  thereof,  where  it  is  established  or  re- 

21  cognized  by  law  or  usage;  and  the  owner  of  property  in  per- 

22  sons  held  to  service  or  labor,  or  his  agent,  shall  have  the 


7 

23  right  of  transit  through  any  State  or  Territory  of  the  United 

24  States  with  such  property  and  persons,  to  and  from  any  State 

25  or  Territory  recognizing  said  property  by  law  or  usage,  and 

26  the  right  during  transportation,  by  sea  or  river,  of  touching 

27  at  ports,  shores  and  landings,  and  of  lauding  and  sojourning 

28  with  said  property,  in  cases  of  need,  temporarily,  any  law  of 

29  any  State  or  Territory  to  the  contrary  notwithstanding.  And 

30  Congress  shall  not  have  the  power  to  lay  on  persons  held  to 

31  service  or  labor  in  any  of  the  States  or  ten'itories  of  the 

32  United  Slates  any  other  tax  than  a  capitation  tax,  to  be  ap- 

33  portioned  as  capitation  or  other  direct  taxes  are  directed  to  be 

34  apportioned  throughout  the  United  States  according  to  the 

35  fourth  clause  of  secti<-)n  nine  of  article  first  of  the  Constitution 

36  of  the  United  States. 

Section  3.  In  all  cases  where  the  property  in  persons  held  to 

2  service  or  labor  in  any  State  or  Tenitory  of  the  United  States, 

3  or  in  the  District  of  Columbia,  has  been  or  hereafter  may  be 

4  taken  for  public  use,  as  in  cases  of  impressment  in  Avar  or 

5  otherwise,  the  owner  thereof  shall  be  justly  compensated  as 

6  in  cases  of  other  property  so  taken;  and  in  all  cases  involving 

7  questions  of  property  in  said  persons,  the  right  of  property 

8  in  them  shall  be  recognized  and  protected  by  the  United 

9  States  and  tlieir  authorities  as  the  rights  of  other  property  are 
10  recognized  and  protected. 


Section  4.  The  third  paragraph  of  the  second  section  of 

2  the  fourth  article  of  the  Constitution  shall  not  be  construed 

3  to  prevent  any  of  the  States,  by  appropriate  legislation,  and 

4  through  the  action  of  their  judicial,  and  ministerial  officers, 

5  from  enforcing  the  dehvery  of  fugitives  from  labor  to  the 

6  person  to  whom  such  service  or  labor  is  due.     And  it  shall 

7  be  the  duty  of  all  the   States,  to  pass  all  laws  necessary 

8  and  proper  to  aid,  by  their  authorities,  judicial  and  minis- 

9  terial,  in  the  execution  of  the  laws  passed  by  Congress 
10  for  the  deliveiy  of  fugitives  from  service  or  labor  to  the  per- 
il son  to  whom  such  service  or  labor  is  due.     And  in  case  the 

12  owner,  or  his  agent,  of  the  person  held  to  service  or  labor, 

13  shall  be  unlawfully  deprived  of  his  property  in  such  person 

14  by  force  or  violence,  by  mobs  or  riotous  assemblages,  or  by 

15  secret  associations  or  conspiracies,  in  the  limits  of  any  State, 

16  such  State  shall  make  just  compensation  therefor,  and  it 

17  shall  be  the  duty  of  Congress  to  provide  by  law  for  the  en- 

18  forcement  of  such  compensation. 

Section  5.  The  importation  of  slaves,  coohes,  or  persons 

2  held  to  service  or  labor,  into  the  United  States  and  the  terri- 

3  tories,  from  places  beyond  the  limits  thereof,  is  hereby  forever 

4  prohibited.     Provided,  that  nothing  herein  contained  shall 

5  be  deemed  to  apply  to  the  Southern  States  which  have  de- 

6  clared,  or  may  hereafter  declare,  their  separation  from  this 


9 

7  Confederacy,  in  case  their  separate  independence  shall  be 

8  acknowledged  and  continued. 

Section  6.  The  elective  franchise  and  the  right  to,  hold 

2  office,  whether  Federal  or  territorial,  shall  not  be  exercised 

3  by  persons  who  are  of  the  African  race.    And  no  person  of 

4  the  African  race  shall  be  deemed  and  held  entitled,  under  the 

5  Constitution  of  the  United  States,  to  the  privileges  and  im- 

6  munities  ot  citizens  in  the  severEd  States.     And  the  several 

7  States   arc  prohibited   from   passing  any  laws  establishing 

8  equality  of   the  African  with  the  white  race  within  their 

9  limits. 

Section  7.  The  second  clause  of  the  second  section  of  the 

2  second  article  of  the  Constitution  of  the  United  States  shall 

3  be  so  amended  as  to  take  from  the  President  of  the  United 

4  States  the  power  of  nominating  and  appointing  the  judges  of 

5  the  Supreme  and  other  Federal  Courts  of  the  United  States, 

6  and  their  nomination  and  appointment  shall  be  vested  in  the 

7  Senate  of  the  United  States  alone;  and  three-fourths  of  the 

8  whole  number  of  Senators  shall  be  required  to  confirm  the 

9  appointments. 

Section  8.  It  shall  be  the  duty  of  the  several  States,  and  of 

2  the  Congress  of  the  United  States,  within  their  respective 

3  jurisdictions,  to  pass  all  laws  necessary  and  proper,  to  protect 

4  and  preserve  the  domestic  tranquility  of  the  people  of  the 

2 


10 

5  several  StateS;,  by  suppressing  all  attempts  of  individual  per- 

6  SOUS;  or  of  assemblages,  or  associations  to  excite  any  por- 

7  tion  of  the  people  of  the  States  to  acts  which  will  cause,  or 

8  tend  to  cause,  animosity  or  hostility  between  the  various  sec- 

9  tions,  or  any  invasion  of  any  of  the  States  or  territories  of 
10  the  United  States,  or  which  will  introduce  or  invite  foreign 
U  influence  to  divide  the  Union,  or  which  may  tend  to  destroy 
12  the  same. 

Section  9.  The  second  clause  of  the  second  section  of  the 

2  second  article  of  the  Constitution  of  the  United  States  shall 

3  be  construed  to  give  no  power  to  the  President  of  the  United 

4  States,  by  and  with  the  advice  and  consent  of  the  Senate,  to 

5  make  any  treaty  whereby  property  in  persons  held  to  service 
C  or  labor  shall  be  prohibited  or  abolished. 

Section  10.  JNo  one  of  these  amendments,  nor  the  third 

2  paragraph  of  the  second  section  of  the  first  article  of  the 

3  Constitution,  nor  the  third  paragraph  of  the  second  section 

4  of  the  fourth  article  thereof,  shall  be  amended  or  abolished 

5  without  the  consent  of  all  the  States. 
And  be  it  further  ordained  and  declared: 

1.  That  responses  to  these  propositions  of  amendment  and 

2  adjustment  be  requested  to  be  returned  within  a  limited  pe- 

3  riod:  say,  on  or  before  the  first  day  of  October  next. 

2.  That  in  the  event  the  Federal  authorities  shall,  in  the 


11 

2  meantime,  under  any  pretext  whatever,  attempt  to  enforce 

3  jurisdiction  over  the  people  of  the  seceded  States,  by  arms, 

4  this  State  will  resist  such  force  by  all  her  authority  and 
6  power. 

3.  That  a  demand  shall  be  made  on  the  Federal  authorities,      ^ 

2  to  withdraw  all  occupation,  in  the  seceded  States,  of  all 

3  places  ceded  by  them  to  the  United  States;  and  to  reduce 

4  the  forces  at  Fortress  Monroe  and  Harper's  Ferry  and  other 

5  places  ceded  in  Virginia,  to  the  lowest  ordinary  rate  of  a 

6  peace  establishment. 

4.  That  all  the  means  of  this  Commonwealth  shall  be  imme- 

2  diately  applied  to  arming  her  people  and  to  completing  the 

3  military  defences  of  the  State. 

5.  That  in  case  said  propositions  of  amendment  of  the  Con- 

2  stitution  of  the  United  States  are  not  satisfactorily  replied  to, 

3  or  are  not  replied  to  at  all  on  or  before  the  first  day  of  Octo- 

4  ber  next;  or  in  case  hostilities  shall  commence  between  the 

5  authorities  of  the  United  States  and  the  seceded  States,  pend- 

6  ing  the  efforts  of  this  Commonwealth  for  adjustment;  then 

7  the  people  of  Virginia  will  resume  the  powers  granted  by 

8  them  under  the  Constitution  of  the  United  States,  and  inde- 

9  pendently  unite  with  such  other  States  as  they  may  elect  to 
10  form  a  new  Union  with,  embracing  such  States,  North  or 


12 

11  South,  as  are  willing  to  guarantee  the  just  and  equal  rights 

12  of  all. 

6.  That  the  foregoing  ordinances,  embracing  said  proposi- 

2  tions  of  amendment  to  the  Constitution  of  the  United  States 

3  and  those  which  follow  said  propositions,  shall  all  be  sub- 

4  mitted  to  the  people  of  this  Commonwealth,  for  their  ap- 

5  proval  or  disapproval,  at  their  elections  to  be  held  in  May 

6  next.     That  the  officers  conducting  the  elections  to  be  held 

7  for  members  of  the  General  Assembly  in  May  next,  shall 

8  prepare  proper  poll  books,  the  form  of  which  shall  be  pre- 

9  scribed  and  distributed  throughout  the  Commonwealth,  by 
10  the  Secretary  thereof;  which  poll  books  shall  have  two 
IJ   columns,  one  to  be  headed,  '^Approved,"  and  the  other, 

*•    12  ''Disapproved;"    and  said  officers  shall  see  that  a  poll  is 

13  opened  at  every  election  precinct  in  every  county  for  the 

14  qualified  voters  to  vote  under  the  said  heads  of  columns 

15  whether  they  approve  said  ordinances  or  not;  and  said  offi- 

16  cers  shall  cause  the  names  of  said  voters  to  be  recorded  for 

17  or  against  said  ordinances;  and  shall  certify  and  return  said 

18  poll  books,  within  five  days  after  the  election,  to  the  clerk 

19  of  the  county  or  corporation  court,  as  the  case  may  be,  where 

20  the  election  is   held.     And  the  clerks,   respectively,  shall 

21  certify  the  result  of  the  vote  to  the  Governor,  under  their 

22  seals  of  office,  within  five  days  after  the  poll  books  shall 


13 

23  have  been  returned  to  them  by  said  officers.     And  the  Go- 

24  vernor  and  Secretary  of  the  Commonwealth  shall  compare 

25  and  count  the  said  polls  and  ascertain  the  result  of  the  same, 

26  and  the  Governor  shall  make  the  result  known  by  proclama- 

27  tion;  and   he  shall  make  the  same  known  to  the  President 

28  of  this   Convention,   who  shall   immediately  assemble  the 

29  members  thereof,  if  not  in  session.     And  if  said  ordinances 

30  shall  be  approved  by  the  people,  then  this  Convention  shall 

31  proceed  immediately  to  act  in  conformity  thereto.     In  case 

32  they  are  approved,  then  this  Convention  shall  proceed  im- 

33  mediately  to  carry  into  effect  such  of  the  said  ordinances  as 

34  require  no  suspension  of  time  for  their  execution;  and  as  to 

35  those   proposing  amendments  of  the   Constitution   of   the 

36  United  States,  the  Convention  shall  await  responses  from  the 

37  States,  until  the  first  day  of  October  next.     If  the  responses 

38  are  satisfactory  they  shall  be  accepted;  if  not,  or  insufficient 

39  responses,  or  no  responses  at  all,  arc  made,  then  this  Con- 

40  vention  shall,  for  and  in  behalf  of  the  people,  carry  into 

41  effect  the  ordinance  for  the    resumption  of  their   powers 

42  granted  under  the  Constitution  of  the  United  States. 


c 


h 


By  way  of  addition,  to  the  entire  Report  of  the  Committee  on 
Federal  Relations,  presented  by  Mr.  Speed,  April  13,  1861, 
a7id  referred  to  the  Committee  of  the  Whole. 


[To  be  added  to  the  resolutions  and  amendments  adopted.] 
Whereas,  the  foregoing  proposed  amendments  to  the  Consti- 

2  tiuion  of  the  United  States  and  provisions  for  conference  and 

3  cooperation  Avith  the  slaveholding  States  remaining  in  the 

4  Union,  and  for  a  Congress  of  the  said  States  and  others, 

5  ought  to  be  submitted  to  the  quaUfied  voters  of  this  Com- 

6  monwealth,  to  be  approved  or  disapproved  by  them,  by  vote, 

7  at  the  polls:  and  whereas,  as  an  alternative  proposition,  the 

8  sense  of  tiie  said  voters  should  be  taken  upon  the  expediency 

9  of  separate  ■*  :  :te  action  and  without  waiting  for  previous  con- 

10  ference  with  the  said  States,  and  immediately  dissolving  the 

11  connection  of  Virginia  with  the  Federal  Union;  therefore, 

1.  Be  it  ordained.  That,  in  order  to  ascertain  the  sense  of 

2  the  voters  upon  the  propositions  aforesaid,  it  shall  be  the  duty 

3  of  the  commissioners  and  officers  conducting  the  elections 

4  for  members  of  the  General  Assembly  on  the  fourth  Thurs- 


2 

6  day  in  May,  1861 ,  to  open  a  poll  on  that  day,  at  each  of  the 

6  several  places  of  voting  in  ^veiy  county  and  city  or  town 

7  entitled  to  separate  representation j  and  for  this  purpose  suit- 

8  able  poll  books  shall  be  prepared  and  distributed  throughout 

9  the  Commonwealth  by  the  Secretary  thereof.     The  said  poll 

10  books  shall  have  two  columns — one  headed 

11  ^^jPor  Conference  and  Cooperation ;''^ 

12  and  the  other  headed 

13  '' For  immediate  withdrawal  from  the  Unioii;''^ 

14  and  the  names  of  the  persons  who  may  vote  for  the  former 

15  proposition  shall  be  written  under  the  former  heading,  and  of 

16  those  who  may  vote  for  the  latter  under  the  latter  heading. 

17  When  the  said  commissioners  and  officers  shall  meet  as  re- 

18  quired  by  law  to  compare  the  polls  and  certify  the  result  of 

19  the  elections  for  members  of  the  General  Assembly,  they 

20  shall  also  ascertain  and  make  returns  of  the  number  of  per- 

21  sons  who  vote  for  each  of  the  said  propositions;  and  shall 

22  forthwith  send  to  the  clerks  of  their  respective  counties  and 

23  corporations  a  copy  of  the  same;  whose  duty  it  shall  be  im- 

24  mediately  to  transmit  a  copy  thereof  to  the  Governor  of  the 

25  Commonwealth.     The  Governor  and  Secretary  of  the  Com- 

26  monwealth  shall  count  and  compare  the  said  polls,  and  as- 

27  certain  the  result  of  the  votes  so  given.     And  the  Governor 


3 

28  shall  make  the  result  known  by  proclamation,  and  also  com- 

29  municate  the  same  to  the  President  of  this  Convention. 

2.  Be  it  further  ordained,  That  if  a  majority  of  the  qualified 

2  voters  of  the  Commonwealth  shall  vote  for 

3  ^'■Conference  and  Cooperation,^^ 

4  the  result  shall  be  taken  and  considered  as  an  approval  by 

5  them  of  the  action  of  the  Convention  in  recommending  such 

6  course  of  policy,  and  as  an  expression  of  their  will  that  the 

7  same  shall  be  carried  out.     But  if  a  majority  of  them  shall 

8  vote  for 

9  ''  Immediate  withdrawal  from  the  Union,^^ 

10  the  same  shall  be  taken  as  a  disapproval  by  them  of  the  said 

11  course  of  policy,  and  as  an  expression  of  their  will  that  Vir- 

12  ginia  should  immediately  resume  the  powers  delegated  by 

13  her  people  to  the  Federal  Government,  and  as  giving  autho- 

14  rity  to  the  Convention  to  pass  such  ordinance  or  ordinances 

15  as  maybe  necessary  for  that  purpose;  and  to  make  them  take 

16  effect  immediately  without  being  referred  to  the  people  for 

17  farther  ratification.     And,  in  such  event,  it  shall  be  the  duty 
IS  of  the  President  of  the  Convention,  so  soon  as  the  result  is 

19  communicated  to  him  by  the  Governor  as  aforesaid,  to  assem- 

20  ble  the  Convention,  in  order  that  such  expressed  will  of  the 


4 

21  majority  of  the  people  maybe  carried  into  effect,  and  to  take 

22  such  farther  action  for  the  interests  of  Virginia  as  the  emer- 

23  gency  may  require. 


SUBSTITUTE 

For  the  Ordifiance  to  provide  against  the  sacrifice  of  property 
and  to  suspend  proceedings  in  curtain  cases,  presented  by  Mr. 
GoGGiN,  April  27,  1861. 


1.  Be  it  ordained,  That  no  execution  shall  be  issued  after 

2  five  days  from  the  passage  of  tins  ordinance,  by  any  court  of 

3  record  or  magistrate  for  the  sale  of  property;  nor  shall  there 

4  be  any  sales  under  deeds  of  trust,  except  for  the  payment  of 

5  interest  and  costs  due  according  to  the  stipulations  of  such 

6  deeds;  nor  under  decrees  for  the  payment  of  money,  until 

7  otherwise  provided  by  law. 

2.  Where  executions  have  issued  and  are  now  in  force  in  the 

2  hands  of  officers,  whether  levied  or  not,  if  the  debtor  shall 

3  tender  bond  with  sufficient  security,  conditioned  for  the  pay- 

4  ment  of  the  debt,  interest  and  cost,  and  the  expiration  of  one 

5  year,  at  any  time  betbre  or  on  the  day  of  sale  , -in  all  such 

6  cases,  where  property  has  been  levied  on,  upo^ij  the  giving 

7  of  such  bond  such  property  shall  be  restored  tAthe  onwer, 

8  and  such  bond  shall  be  returned,  and  like  prooWdings  shall 

9  then  be  had  as  in  the  case  of  forthcoming  bonds  1 

3.  If  the  debtor  offers  no  such  bond,  it  shall  be   'he  duty  of 

2  the  officer  to  summon  three  freeholders  of  the  vie   lage,  who, 

3  after  being  first  sworn  for  the  purpose,  shall  proc(   u  to  value 

4  the  property  accordiiig  to  what  would  have  been  i'^    value  on 


2 

5  the  6th  day  of  November,  1860,  and  unless  the  said  property 

6  shall  sell  for  the  full  amount  of  such  valuation;  it  shall  be 

7  restored  to  the  debtor.     Provided,  however,  that  the  lien  of 

8  the  creditor  upon  such  property  shall  thereafter  remain  as  if 

9  his  fi.  fa.  were  in  force  in  the  hands  of  the  officer,  and  not 
10  levied. 

4.  Except  in  criminal  cases  or  Commonwealth's  prosecutions 

2  there  shall  be  no  trial  of  any  cause  requiring  the  intervention 

3  of  a  jury,  but  either  party  to  such  cause  shall   have  the 

4  right,  upon  reasonable  notice,  to  take  the  depositions  of  any 

5  witness  to  be  read  de  bene  esse. 

5.  In  cases  of  misdemeanor,  juries  shall  be  summoned  from 

2  the  bj^-stniiders,  and  not  under  the  law  as  it  now  is— and 

3  with  the  ronsent  of  the  party  prosecuted,  the  cause  may  be 

4  tried  by  the  court. 

6.  This  ordinance  shall  not  apply  to  liabilities  upon  the  part 

2  of  public  officers,  either  to  the  State,  to  counties,  to  muni- 

3  cipal  cor  orations,  or  to  individuals — nor  to  the  liabilities  of 
3  fiduciari    ■  in  their  character  as  such. 

7.  The     :ne  during  which  this  ordinance  is  in  force,  shall 

2  not  he  c    nputed  in  any  case  where  the  statute  of  limitations 

3  comes  i    question. 

8.  Thi    ordinance  shall  expire  on  the  30th  day  after  the  as- 
2  semblij  ,'  of  the  next  General  j\sseniblv. 


AN   ORDINANCE 

To  sus^sciid  the  Board  of  Public  Works. 
[June  21st  laid  uprii  the  tabic,  ar.d  ordered  to  be  printed.] 


Be  it  ordained,  That  t!ic  Board  of  Public  Works  be,  and  the 

2  same  is  Iierebj',  suspended,  during  ihe  continuance  of  the 

3  existing  war  between  the  Uniti'd  Stales  and  the  Confederate 

4  States  of  America  ;  but  it  shall  be  competent  to  the  General 

5  Assembly  at  any  time  to  repail  this  ordinance  and  restore  pe 
G  sail  BoarJ  of  Public  "Works.  | 

Be  it  futher  ordained,  That  the  Gjv'ernor,  First  and  Secnid 

2  Auditor,  a  n;rj('fity  of  whom  may  act,  shall  hereafter,  dui  ^g 

d 

3  the  suspension  of  the  B^ard  of  Public  Works,  perform  all     le 

e 

4  duties  and  exercise  all  the  finirtions  of  the  said  Board,  pre- 

5  scribed  by  the  sixty-sixth  chapter  of  the  Code  of  1S60,  or 
G  or  any  other  act  of  Assembly. 

This  ordinance  shall  be  in  force  from  and  after  its  passage. 

either  shall \., 


f 


CI 


^eniuii.  ,'  of  tlie  next  G« 


AN   ORDINANCE 

Authorizing  Treasury  Notes,  and  concerning  the  Banks. 

[June  24th  laid  upon  tlie  taMo,  and  ordered  to  be  printed.] 


Be  it  ordained,  That  the  twelfth   and   thirteenth  sections, 

2  and  the  last  clause  of  the  sixteenth  section  of  chapter  fifty- 

3  eight  of  the  Code  be,  and  the  same  are  hereby,  suspended, 

4  in  respect  to  the  Banks,  which,  since  the  seventeenth  day  of 

5  April  last,  have  made,  or  may  hereafter  make  loans  to  this 

6  Commonwealth   and   the   Government  of  the   Confederate 

7  States,  or  to  either  of  them.     The  'Moans  and  discounts" 

8  and  the  "circulation"  of  the  Banks  so  lending,  may  exceed 

9  the  restrictions  thereon  by  the  amount  of  their  loans  to  the 

10  Commonwealth   and   the   Government  of  the   Confederate 

11  States,  until  the  same  be  repaid.     The  Banks  are  severally   . 

12  authorized  to  Icnan  to  the  Commonwealth  and  to  the  Govern- 

13  ment  of  the  Confederate  States  thirty  per  cent,  on  their  re- 

14  spectivc  capitals,  in  the  ratio  of  twenty  per  cent,  to  the  Com- 

15  monwealth,  and  of  (en  per  cent,  to  the  Government  of  the 

16  Confederate  States;  and  a  loan  to  either  shall  impose  an  obli- 


2 

17  gation  to  loan   to  tlie  other  in  the  ratio  aforesaid ;  provided 

18  that  upon  the  certificate  of  the  Auditor,  that  the  wants  of 

19  the  Conminnweahh  will  be  snppHed  by  loans  l)y  the  Banks 

20  of  less  than   the  twenty  per  cent,  aforesaid,  they  shall  seve- 

21  rally  be  at  lil)erly  to  increase  their  loans  to  the  Government 

22  of  the  Coj) federate  States  by  snch  deficiency.     The  Banks 

23  shall  be  at  liberty  to  receive  and  circulate  the  Treasiny  Notes 
21  of  the  Comnionweallh  and  the  Government  of  the  Confo- 
25  derate  States. 

In  addition  to  the  snni  autliorized   tn  be  borrowed  by  the 

2  ordinance  cnlidcd  ''an  ordinance  to  authorize  llie  issue  of 

3  Treasury  notes,"  passed  April  30th,  18G1,  and  for  the  pur- 

4  poses  tlierein  declared,  the  payment  of  interest  on  the  public 

5  debt,  and  to  pay  the  expenses  of  the  Convention,  the  Gover- 
G  nor  is  hereby  authorized  to  direct  the  Auditor  of  Public  Ac- 
7  counts  to  borrow  for  the  Commonwealth  the  farther  sum 
S  of  four  millions  of  dollars;  two  millions  whereof,  according 
9  to  the  provisions  o[  the  ordinance  aforesaid,  and  the  residue 

10  according  to  the  provisions  of  this  ordinance  for  that  purpose 

11  the  Auditor,  on  the  order  of  the  Governor,  shall  issue  Trea- 

12  siiry  Notes  for  the  amount  directed  to  be  borrowed    The 

13  notes  issued  according  to  the  provisions  of  this  ordinance 

14  shall   bear  no  interest;  be  payable  on  demand,  in  sums  not 

15  less  than  five  dollars,  and  when  presented  at  the  Treasury, 


16  in  sums  of  five  hundred  dollars,  or  above,  in  multiples  of 
IT  one  hundred  dollars,  may  be  converted  into  registered  bonds 
IS  of  the  State,  bearing  six  per  cent,  interest,  at  the  option  of 
10  the  holder.     7VII  and  singular  the  enactments  of  the  ordi- 

20  nance  above  mentioned,  except  as  the  san)e  are  hereby  mo- 

21  dified,  shall  be  accepted  as  a  part  of  this  ordinance,  as  if  the 

22  same  were  herein  repeated. 

The  Banks,  or  any  of  Ihcm,  entitled   to  have  their  notes 

2  countersigned   by  the  Treasurer,  may  have  them  counter- 

3  signed  in  like  manner,  to  the  extent  of  their  loans  under  this 

4  ordinance,  by  depositing  the  Treasury  Notes  and  bonds  of 

5  the  Confederate  States,  or  either  of  them,  subject  to  all  the 
0  provisions  of  section  forty-nine  of  chapter  fifty-eight  of  the 
7  Code,  edition  of  ISGO. 

Inasmuch  as  the  preparation  of  the  notes  hereby  authorized 

2  is  an  addition  to  the  general  duties  of  the  Treasurer  and  Au- 

3  ditor,  and  because  it  will  involve  a  large  amount  of  labor  not 

4  contemplated  as  part  of  their  official  duties,  the  said  Trea- 

5  surer  and  Auditor  shall  each  be  allowed  at  the  rate  of  three 
G  dollars  for  each  thousand  notes  so  prepared  and  signed  by 
7  them. 


AN  ORDINANCE 

To  authorize  the  County  Courts  to  make  provision  for  the  main- 
tenance of  the  Families  of  Soldiers  in  the  actual  service  of 
the  State. 

* 
[June  14th  laid  upon  the  table,  and  ordered  to  be  printed.] 


Be  it  ordained  by  the  people  of  Virginia  in  Convention  as- 

2  sembled,  That  in  addition  to  the  purposes  specified  in  the 

3  act  of  the  General  Assembly  of  this  Commonwealth,  entitled 

4  ''An  act  to  authorize  the  county  courts  and  any  incorporated 

5  city  or  town  to  arm  the  militia  of  their  respective  counties, 

'J 

6  cities  and  towns  and  to  provide  means  therefor,"  passed  Ja- 

7  nuary  19, 1861,  the  county  courts  and  corporations  accepting 

8  the  jm:o visions  of  said  act,  may  furnish  unifonns,  equipments 

9  and  any  necessary  relief  to  such  volunteers  and  to  such  por- 

10  tions  of  the  miUtia  in  then  respective  jurisdictions  as  they 

11  may  deem  expedient:  may,  likewise,  make  provision  for  the 

12  maintenance  of  the  families  of  soldiers  in  the  actual  service 

13  of  the  State  or  of  the  Confederate  States,  and  for  such  other 


2 

14  purposes  as  the  public  exigencies  may  require;  and  they 

15  shall  have  power  to  provide  the  means  necessary  for  these 

16  purposes  in  the  manner  set  forth  in  said  act;  and  all  orders 

17  and  acts  of|County  courts  and  corporations  heretofore  gione 

18  and  made  for  the  purposes  aforesaid,  and  any  bonds  hereto- 

19  fore  issued  for  such  purposes,  are  made  legal  and  valid. 

This  ordinance  shall  be  in  force  from  its  passage.  ^ 


AN   OKDINANCE 

For  the  Rcapportioiimptit  nf  Representtit'wn  in  the  Congress  of 
the  (Jo  I  if ede  rule  States. 

[June  2Tth  laid  upon  tlio  (able,  and  ordered  to  be  printed.] 


Be  it  ordained,  That  the  number  of  members  to  which  this 

2  Stale  is  cnliiled  in  the  House  of  Representatives  of  the  Con- 

3  federate  States  shall  continue  apportioned  amongst  to  several 

4  counties  and  corporations  of  the  State,  arranged  into  sixteen 

5  districts  as  follows: 

Middlesex,  Accomac,  Nortliampton,  Eh'zabcth   City,    War- 

2  wick,  James  City,  Cloticester,  Matthews,   Lancaster,  West- 

3  moreland,  Richmond,  Essex,   Yoric,  King  &  Queen   and 

4  Northumberland  shall  be  the  first  district. 

Norfolk  city,  Norfolk  county.  Princess  Anne,  Nanserrioi|^^ 

2  Isle  of  Wight,  Southampton,  Sussex,  Surry  and  Greenesville 

3  shall  be  the  second  dislprict. 

Henrico,  city  of  Richmond,   Charles  City,  New  Kent  and 
2  Hanover  shall  be  the  third  district, 

Dinwiddie  and  city  of  Petersburg,   Chesterfield,  Powhatan, 

2  Amelia,  Nottoway,   Cumberland,  Buckingham  and  Prince 

3  George  shall  be  the  fourth  district. 


Prinne  Edward,  Brunswick,  Mecklenburg,  Lunenburg, 
2  Charlotte,  Halifax  and  Appomattox  shall  he  the  fifth  district. 

Pitisylvaiiia,  I'aUick,  Henry,  Franklin,  Bedford  and  Carroll 
2  shall  he  iho  sixth  district. 

Albemarle,   Campbell  and    Lynchburg,  Amiierst,    Xelson, 

2  Fluvanna,  Goochland  and  (Jrcene  shall  be  tlie  seventh  dis- 

3  trict. 

Spotsylvania,  Louisa,  Orange,  Madison,  Culpeper,  Canline, 

2  King  George,  Stafford  and  King  William  shall  be  the  eighth 

3  distriM. 

Fanqnicr,  Rappalianock,   Prince  William,   Fairfax,  Alexau- 
2  dria,  Londonn  and  Jt'dorson  shall  bo  the  ninth  district. 
Frederick,  Berkeley,  Morgan,  ILunpshire,  Clarke,  Warren, 

2  Shenandoah,  Page  and  Hardy  shall  constitute  the  tenth  dis- 

3  trict. 

Augusta,  Rockingham,  Rockbridge,   Pendleton,  Highland, 

2  Bath,    Pocahontas     and    Alleghany   shall    constitute     the 

3  eleventh  district. 

Bottetourt,  Roanoke,  Montgomery,  Floyd,  Pulaski,  Giles, 

2  Craig,   Mercer,  Monroe,  Greenbrier,  Raleigli,  and  Fayette 

3  sliall  constitute  the  twelfth  district. 

Wythe,   Smyth,  Grayson,  Washington,  Scott,  Lee,   Wise, 

2  Buchanan,  McDowell,  Tazewell,  Bland,  Russell  and   Wy- 

3  oming  shall  constitute  the  iliirteenth  district. 


Kanawha,  Logan,  Boone,  Wayne,  CabslI,  Putnam,  Mason, 

2  Jackson,   Roane,  Claj',  Nicholas,  Braxton  and   Wirt  shall 

3  constitute  the  fourteenth  district. 

Lewis,   Wood,  P'ensants,  Tyler,  Ritchie,  Doddridge,  Up- 

2  shur,  Randolph,  Webster,  Tucker,  Barbour,  Harrison,  Tay- 

3  lor,  Gilmer  and  Calliouu  shall  constitute  the  fifihtecnth  dis- 

4  trict. 

Ohio,  Hancock,  Brooke,  Marshall,  AVetzel,  Marion,  Monon- 
2  galiaand  Preston  shrdl  constitute  the  sixteenth  district. 

Each  of  said  districts  shall  choos3  one  rapresentative  in  the 
2  Congress  of  the  Confederate  States. 


AN   n?>nr NANCE 

In  relation  to  the  Huttonsvillc  knd  Marthi's  Bottom  Turnpike 

'id. 


H^ic 


[June  18th  laid  upon  llic  tabltjtind  ordered  to  be  printed.] 


,  pe  it  ordained  by  the  Convcntia^k  That  the  sum  of  eight 

2  1  undred  dollars  is  hereby  appro[^^led  flir  the  purpose  of 

3  r^  Iking  repairs  for  niihtary  purposelrbn  the  IliittonsviJle  and 

4  Mdi-tin's  Bottom  Turnpike  Road,  to  bwiaid  out  of  any  money 

5  no\v  or  hereafter  to  be  appropriated  \*x  the  defence  of  the 

6  State.     The  amount  hereby  appropriatSiis  directed  to  be  ex- 


7  pended  in  preparing  said  road  for  the  transportation  of  troops 

% 

8  and  provisions,  and  the  Governor  is  hera^  directed  to  cause 

9  said  repairs  to  b3  made  with  all  possible  dispatch,  and  the 

10  money  aj>propriated  shall  be  {aid  upon  the  order  or  orders  of 

11  the  Governor. 

This  ordin  Jiice  shall  be  in  force  from  its  passage,  subject  to     ^ 

2  amendment,  or  .modification  by  the  Convention  or  General      | 

3  Assembly.  V 


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6 


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4fr 


mpi^ 


AN   ORDINANCE 

To  authorize  a  connection  hctveen  the  Richmond,  Fredericksburg 
and  Potomac,  and  Richmond  and  Petersburg  Rail  Roads,  in 
Richmond;  and  between  the  Richmond  and  Petersburg  and 
Petersburg  and  Weldon  Rail  Roads,  in  Petersburg^. 

[June  r.Uh  laid  upon  the  table,  ordered  to  be  printed,  and  made  the  order  of  the 
day  for  20th  instant,  at  half  past  10  o'clock,  A.  M..] 


Be  it  ordained,  That  tlie  Governor  be,  and  he  is  hereby, 

2  authorized  and  instructed    to  cause  to  be  constructed,  as 

3  speedily  as  possible,  at  the  expense  of  the  CommonweaUh, 
T  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 

5  connections  between  the  Richmond,  Fredericksburg  and  Po- 

6  tomac,  and  Richmond  and  Petersburg  Rail  Roads,  through 

7  Richmond,  and  between  the  Richmond  and  Petersburg,  and 

8  Petersburg  and  Weldon  Rail  Roads,  through  Petersburg,  on 

9  the  terms  proposed   by  the  said   rail  ronYi'  companies;  that  is 
10  to  say : 

1.  The  State  is  to  be  at  all  the  expense  of  constructing  said 


2 

2  connections,  and  to  have  tliem  constructed  under  the  con- 

3  trol  and  management  of  engineers  to  be  appointed  by  said 

4  companies,  and  in  the  mode  and  manner  to  be  prescribed  by 

5  ihem. 

2.  That  when  completed,  for  so  long  a  period,  not  less  than 

2  five  years,  as  tlie  State  shall  secure  to  those  companies  the 

3  complete  use  of  ihose^onnections  for  all   their  purposes  of 

4  passenger  and  freight  transportation,  those  companies  will 

5  pay  as  rent  for  that  use  to  the  State  six  per  cent,  per  annum 
()  on  the  cost  of  constructing  the  said  connections,  will  keep 

7  the  same  in  good  ropair,  and  will  not  charge  the  State  or  the 

8  (Confederate  States  with  any  tolls  or  fares  for  transporting 

9  troops  or  munitions  of  war  and  supplies  for  the  army  over 
10  the  same.  | 

■m 

3.  That  whenever  the  State  shall  convey  to  those  companies 

2  the  ownership  of  those  connections,  with  the  right  to  tha 

3  complete  use  of  them,  as  aforesaid,  the  said  companies  bind 

4  themselves  to  purchase  them  of   the  State  at  their  prime 

5  cost. 

Be  it  further  ordained,  That  the  Governor  is  hereby  author- 

2  ized  and  empowered  to  enter  into  the  proper  contract  on  be- 

V 

3  half  of  the  Commc^wealth  with  the  said  rail  road  companies 

4  to  carry  out  said  proposed  temis. 


|A 


N   ORDINANCE 


To  regulate  the  qualification  of  officers  of  the  Commonwealth  and 
to  prescribe  the  oaths  to  he  taken  by  them,  and  for  securing  the 
faithful  discharge  of  their  public  duties. 

[June  18lh  laiH  upon  the  table,  and  ordered  to  be  printed.] 


1.   Be  it  ordained,  That  all  oflicers  of  the  State  of  Virginia, 

2  civil  and  military,  legislative,  executive  and  judicial,  whether 

3  appointed  or  olected,  sliall  in  addition  to  the  oaths  now  pre- 

4  scribed  by  law,  and  not  prohibited  by  ordinance  of  this  Con- 

5  veiitioii  passed  May  the  1st,   1S61,  entided  ''An  ordinance 
C  to  release  the  officers,  civil  and   military,  and  the  citizens 

7  generally,  of  the  State  of- .Virginia,   from  all   obligation  to 

8  support  the  Constitution  of  the  late  Confederacy,  known  as 

9  the  United  States  of  Artierica,"  take  the  following  oaths  : 

I  swear  (or  affirm)  that  I  will  support  and  defend  the  Ordi- 

2  nance  of  the  State  of  Virginia  passed  April  17,  1861,  entitled 

3  "  An  ordinance  to  repeal  the  ratification  of  the  Constitution 

4  of  the  United  States  of  America,  by  the  State  of  Virginia, 

5  and  to  resume  all  the  rights  and  powers  granted  under  said 

24 


2 

C  Conslifiition  ;"  nn'J  all  ordinances  antl  laws  passed   in  fiir- 

7  therance  thereof,  to  tlie  bast  of  my  ability  as  a  citizen   of 

8  Virginia,  and  to  the  extent  of  my  power  as  an  oflicer.     So 

9  help  me  God  ! 

I  swear  (or   aliirni)  tliat   I   will  he  faithful  and   trne,  and 

2  ol)ediont  to  the  h^c^ally  consliluted  authorities  of  the  Con- 

3  federate  States  of  America,  in  all  n)ailers  lawfully  belonsing 

4  to  them  under  the  Constitntion  f  r  the  Provisional  Govern- 
T)  ment  thereof,  and  tliat  I  will  snpi>r)rt  the  said  Constitution 
0  to  the  best  of  my  abdity  as  a  citizen,  and  to  tiie  extent  of 
7  my  power  as  an  oHl^er.     So  help  me  d'od  ! 

2.  The  said  oaths  shall   be  talcen  aed  recorded   as   now  pro- 

2  vided  by  law,  in  respect  t)  the  oatlis  prescribed   by   Chapter 

3  I3ih  of  the  Code  of  Virginia. 

3.  Th(^  first  section  of  this  ordinance  shall    be  applicable  as 

2  well  to  persons  now  in  olfi'c,  as  to  those  who  may  be  here- 

3  after  elected  or  apj)ointed. 

4.  All  persons  now  in  oilice  shall  be  required   to  take  the 

2  several  oaths  preset ibed  by  this  ordinance  on  or  befiire  the 

3  day  ;  and  any  officer  failing 

4  so  to  do  on  rr  before  said  day  shall  thereupon,  and  without 

5  any  proceeding  for  the  purpose,  be  deprived  of  his  office, 

6  aud  be  incapable  of  holding  the  same  ;  and  all  acts  done  by 

7  him  thereafter  shall  be  wholly  void. 


3 

5,  All  persons  not  now  in  office,  but  elected  or  appointed, 

2  and  not  qualified  according  to  law,  and  all  persons  hereafter 

3  elected  or  appointed  shall,  before  they  shall  enter  upon,  or 

4  be  qualified  to  discharge  the  duties  of  their  several  offices, 

5  be    required    to  take   the  several   oaths   prescribed*  by  this 
G  ordinance. 

0.   Whenever  the  Governor  of  Virginia  shall   be  informed 

2  by  the  Auditor  of  Public  Accounts  that  any  officer  named 

3  in  the  first  section  of  this  ordinance,  and  connected  with  the 

4  collection  of  tlio  public  revenue,  or  having  charge  thereof, 

5  shall    have  refiised  to  take  the  oaths  as  provide!  by  this 
G  ordinance,  or  shall  be  suspected  upon  just  grounds  of  being 

7  opposed  to  taking  the  said  oaths,  or  either  of  them,  it  shall 

8  be  lawful  for  the  said  Governor,  upon  the  recommendation 
0  cf  tlio  Auditor,  to  appoint,  in  place  of  such   suspected  per- 

10  sons,  assessors,  collector:-,  and  receivers  of  public  revenue, 

11  who    shall   discharge  all  the  duties' required    upon   giving 

12  bonds  in   a  penalty  to  bo  fixed,  and  with    security  to  be 

13  approved  by  the  Auditor,  and  taking  the  oaths  required  by 

14  this  ordinance. 

7.  If  any  officer  of  this   Commonwealth,  referred  to  in  this 

*  ordinance,  shall   be  guilty  of  any  act  mentioned  in  the  1st 

•  section  of  the  ordinance  passed  May  1st,  1861,  entitled  '^  An 
4  irdinance  for  the  prevention   ajid  punishment  of  offences 


4 

5  against  the   Commonwealth,"  or  shall  wilfully  fail  to  do  his 

6  duty  in  sustaining  this  Commonwealth  and  the  Provisional 

7  Government  of  the  Confederate  Slates  in  the  present  war 

8  with  the  said  United  States  Government;  or  shall,  hy  word 

9  or  act,  oppose  the  ordinance  aforesaid,  passed  April  IT,  1861, 

10  or  instigate  or  encourage  opposition  to  the  same,  or  niain- 

11  tain  or  defend    the  jiolicy  of  ijie  said   Government  of  the 

12  Unitid  (States  in  its  war  and  coercion  against  the  Confederate 

13  States,  or  any  of  them,  he  shall  be  subject  to  indictment 

14  therefor,  as  for  felony,  and  sliall,  upon  conviction  thereof,  be 

15  punished,  as  now  provided  fir  in  the  cases  named  in  the  1st 

16  section  of  tiie  ordinance  passed  May  1st,  1S()1,  aforesaid,  ex- 

17  copt  where  existing  laws  may  fix  other  punishment,  and 
IS  shall,  moreover,  be  deprived  of  his  office,  which  shall  there- 

19  upon  become  vacant,  and  sliall  forever  be  disqualified  to  hold 

20  any  office  in  this  Commonwealth,  or  to  exercise  any  civil 

21  privilege  whatsoever;  nor  shall   the  Governor  exercise  the 

22  power  of  pardon  or  reprieve.^  any  such  cases,  except  as  pro- 

23  vided  for  in  the  Code  of  Virginia,  chapter  17,  ^  18. 

8.  Vacancies  in  office,  occurring  under  this  ordinance,  shall 
2  be  filled,  as  in  other  cases  cf  vacancy,  as  provided  by  law. 

9,  This  ordinance  shall  be  in  force  from  its  passage,  until  re- 

2  pealed  by  act  of  Assembly,  or  by  any  ordinance  of  Conven- 

3  tion. 


AN  ORDINANCE 

To  regulate  the  qualification  of  Sheriffs  and  other  Collectors  of 
the  Taxes  of  the  Commonwealth. 

[June  18th  laid  upon  the  tabic,  and  ordered  toibe  printed.] 


1.  Be  it  ordained,  That  all  sheriffs,  or  other  collectors  of 

2  puhlic  taxes  for  the  State,  shall  hereafter  be  required  to  give 

3  bonds  before  the  judge  of  the  circuit  court  for  the  county 

4  for  which  he  sliall  have  been  elected,  or  in  the  circuit  court 

5  thereof  during  term;  and  to  take  all  the  oaths  required  by 

6  law  or  by  ordinance  before  such  judge  or  in  such  court. 

7  And  it  shall  be  the  duty  of  said  judge  in  vacation  to  make 

7  the  proper  certificate  for  record  at  the  next  term  of  his  court 

8  in  the  county,  of  the  execution  of  the  said  bonds  and  the 

9  due  qualification  of  said  sheriffs;  and  where  the  qualification 

10  shall  be  in  tcrnj,  then  the  record  shall  be  made  in  said  court 

11  as  in  other  cases.     In  all  cases,  the  clerk  of  said  court  shall, 

12  within  sixty  days,  transmit  a  copy  thereof  to  the  Auditor  of 

13  Public  Accounts. 


2 

"    2.   Whenever  a  collector  s'hall  be  appointed  as  Iicrein  pro- 

2  vided  lie  shall  be  required  to  give  bond  and  to  (jiialify  as 

3  hereinbefore  provided  in  the  case  of  sheriffs. 

3.  Whenever  the  Auditor  of  Public  Accounts  shall  deem  the 

2  security  (jn  any  bond  of  a  sheriff  now  iu  office  or  hereafter 

3  elected,  to  be  insufficient,  it  shall  be  lawful  for  him,  and  he 

4  is  hereby  recjuired  to  petition  the  judge  of  the  circuit  court 

6  of  the  county  for  which  the  sheriff  is  elected,  to  require  of 
G  said  shoriir  a  new  bond,  in  the  same  manner,  as  if  none  had 

7  been  given  by  him. 

4.  The  said  sheriff,  upon  receiving  reasonable  notice  of  said 

2  petition  shall  give  new  bond  at  such  time  as  the  judge  may 

3  require  of  him,  and  on  failure  so  to  do,  shall  thereupon  be 

4  deprived  of  his  ollice,  and  vacancy  thereof  be  declared;  to 

5  be  filled  as  iu  other  cases  of  vacancy. 

5.  'JMiis  ordinance  shall  be  in  force  from  its  passage,  until 

2  repealed  by  act  of  Assembly,  or  by  an  ordinance  of  Con- 

3  vention. 


3 

5.  All  persons  not  now  in  office;  but  elected  or  appointed, 

2  and  not  qualified  according  to  law,  and  all  persons  hereafter 

3  elected  or  appointed  shall,  before  they  shall  enter  upon,  or 

4  be  qualified  to  discharge  the  duties  of  their  several  offices, 

5  be   rcfjuired   to  take   the  several  oaths   prescribed   by  this 

6  ordinance. 

6.  Whenever  the  Governor  of  Virginia  shall   be  informed 

2  by  the  Auditor  of  Public  Accounts  that  any  officer  named 

3  in  the  first  section  of  this  ordinance,  and  connected  with  the 

4  collection  of  the  public  revenue,  or  having  charge  thereof, 

5  shall   have  refused  to  take  the  oaths  as  provided  by  this 

6  ordinance,  or  shall  be  suspected  upon  just  grounds  of  heing 

7  opposed  to  taking  the  said  oaths,  or  either  of  them,  it  shall 

8  be  lawful  for  the  said  Governor,  upon  the  recommendation 

9  of  the  Auditor,  to  appoint,  in  place  of  such  suspected  per- 

10  sons,  assessors,  collectors,  and  receivers  of  public  revenue, 

11  who   shall   discharge  all   the  duties  required    upon    giving 

12  bonds  in  a  penalty  to  be  fixed,  and  with   security  to  be 

13  approved  by  the  Auditor,  and  taking  the  oaths  required  by 

14  this  ordinance. 

7.  If  any  officer  of  this   Commonwealth,  referred  to  in  this 

2  ordinance,  shall  be  guilty  of  any  act  mentioned  in  the  1st 

3  section  of  the  ordinance  passed  May  1st,  1861,  entitled  ''  An 

4  ordinance  for  the  prevention  and  punishment  of  offences 


4 
6  against  the  Common-wealth,"  or  shall  wilfully  fail  to  do  his 

6  duty  in  sustaining  this  Commonwealth  and  the  Provisional 

7  Government  of  the  Confederate  Slates  in  the  present  war 

8  with  the  said  United  States  Government;  or  shall,  by  word 

9  or  act,  oppose  the  ordinance  aforesaid,  passed  April  17, 1861, 

10  or  instigate  or  encourage  opposition  to  the  same,  or  niain- 

11  tain  or  defend    the  policy  of  the  said  Government  of  the 

12  United  Stales  in  its  war  and  coercion  against  the  Confederate 

13  States,  or  any  of  them,  he  shall  be  subject  to  indictment 

14  therefor,  as  for  felony,  and  shall,  upon  conviction  thereof,  be 

15  imnished,  as  now  provided  for  in  the  cases  named  in  the  1st 
10  section  of  the  ordinance  passed  May  1st,  ISGl,  aforesaid,  ex- 

17  cept  where  existing  laws  may  fix  other  punishment,  and 

18  shall,  moreover,  be  deprived  of  his  office,  which  shall  therc- 

19  upon  become  vacant,  and  shall  forever  be  disqualified  to  hold 

20  any  office  in  this  Commonwealth,  or  to  exercise  any  civil 

21  privilege  whatsoever;  nor  shall  the  Governor  exercise  the 

22  power  of  pardon  or  reprieve  in  any  such  cases,  except  as  pro- 

23  vided  for  in  the  Code  of  Virginia,  chapter  17,  ^  18. 

8.  Vacancies  in  office,  occurring  under  this  ordinance,  shall 
2  be  filled,  as  in  other  cases  of  vacancy,  as  provided  by  law. 

9.  This  ordinance  shall  be  in  force  from  its  passage,  until  re- 

2  pealed  by  act  of  Assembly,  or  by  any  ordinance  of  Conven- 

3  tion. 


AN   ORDINANCE 

To  Provide  for  the  Restoration  to  Rank  and  Position  of  Certain 

Officers. 

[June  18th  liiifl  upon  tlie  table,  and  ordered  to  be  printed.] 


Be  it  ordained,  Thai  the  ordinance  passed  the  ITth  day  of 

2  April,  1S61,  entitled  '' An  ordinance  to  call   the  volnnteers 

3  into  tlie  service  of  the  State,  and  for  other  pnrposes,"  having 

4  been  passed  to  regulate  the  modes  oC  organizing  regiments, 

5  brigades,  and  divisions  of  volnnteers,  thereafter  to  be  called 

6  into  service,  ;ind  not  to  interfere  with  regiments  already  or- 

7  ganized,  and,  in  fact,  either  in  service  or  ready  for  service,  it 

8  shall  be  the  duty  of  the  Governor,  or  Governor  and  Council, 

9  in  case  the  officers  of  any  such  regiment,  so  organized  and  in 

10  service  or  ready  tor  service  at  the  time  said  ordinance  was 

11  passed,  have,  under  a  mistaken  construction  of  said  ordi- 

12  nance,  been  displaced  or  removed,  to  cause  such  officers  to 

13  be  restored  to  their  respective  ranks  and  positions)  unless 

14  such  officers  are  incompetent  and  disabled,  by  reason  of  ill- 


2 

15  health,  age,  or  infirmity,  from  active  and  efficient  service, 

16  and  the  officers  so  restored  shall  he  entitled  to  such  rank  as 

17  if  they  had  not  been  superseded  or  removed. 
This  ordinance  shall  be  in  force  from  its  passage. 


SUBSTITUTE 

For  the  Ordinance  to  pro  ride  against  the  sacrifice  of  property 
and  to  suspend  proceedings  in  certain  cases,  prespnied  by  Mr. 
GoGGix,  April  21,  18G1. 


1.  Beit  ordained.  That  no  execution  shall  be  issued  after 

2  five  days  fiom  the  passage  of  this  ordinance,  by  any  court  of 

3  record  or  magistrate  for  the  sale  of  property;  nor  shall  there 

4  be  any  sales  under  deeds  of  trust,  except  for  the  payment  of 

5  interest  and  costs  due  according  to  the  stipulations  of  such 

6  deeds;  nor  under  decrees  for  the  payment  of  money,  until 

7  otherwise  provided  by  law. 

2.  Where  executions  have  issued  and  are  now  in  force  in  the 

2  hands  of  officers,  whether  levied  or  not,  if  the  debtor  shall 

3  tender  bond  with  sufficient  security,  conditioned  {ox  the  pay- 

4  ment  of  the  debt,  interest  and  cost,  and  the  expiration  of  one 

5  year,  at  any  time  betbre  or  on  the  day  of  sale — in  all  such 

6  cases,  where  property  has  been  levied  on,  upon  the  giving 

7  of  such  bond  such  property  shall  be  restored  to  the  onwer, 

8  and  such  bond  shall  be  returned,  and  like  proceedings  shall 

9  then  be  had  as  in  the  case  of  forthcoming  bonds. 

3.  If  the  debtor  offers  no  such  bond,  it  shall  be  the  duty  of 

2  the  officer  to  sunnnon  three  freeholders  of  the  vicinage,  who, 

3  after  being  first  sworn  for  the  purpose,  shall  proceed  to  value 

4  the  properly  according  to  what  would  have  been  its  value  on 


5  the  6th  day  of  November,  1860,  and  unless  the  said  property 

6  shall  sell  for  the  full  an;iount  of  such  valuation,  it  shall  be 

7  restored  to  the  debtor.     Provided,  however,  that  the  lien  of 

8  the  creditor  upon  such  property  shall  thereafter  remain  as  if 

9  \\\s  Ji.  fa.  were  in  force  in  the  hands  of  the  officer,  and  not 
10  levied. 

4.  Except  in  criminal  cases  or  Commonwealth's  prosecutions' 

2  there  shall  be  no  trial  of  any  cause  requiring  the  intervention 

3  of  a  jury,  but  father  party  to  such  canse  shall    have  the 

4  right,  upon  reasonable  notice,  to  take  the  depositions  of  any 

5  witness  to  be  read  dc  bene  esse. 

5.  In  cases  of  misdemeanor,  juries  shall  be  sununoned  from 

2  the  by-standers,  and   not  under  the  law  as  it  now  is— and 

3  with  the  consent  of  the  party  prosecuted,  the  cause  may  be 

4  tried  by  the  court. 

0.  This  ordinance  shall  not  apply  to  liabilities  upou  the  part 

2  of  public  oflicers,  cither  to  the  State,  to  counties,  to  muni- 

3  cipal  corporations,  or  to  individuals — nor  to  the  liabilities  of 
3  fiduciaries  in  tiieir  character  as  such. 

7.  The  time  during  which  this  ordinance  is  in  force,  shall 

2  not  be  computed  in  any  case  where  the  statute  of  limitations 

3  comes  in  question. 

8.  This  ordinance  shall  expire  on  the  30th  day  after  the  as- 
2  sembling  of  the  next  General  Assembly. 


AN   ORDINANCE 

Authoi'izing  Treasury  Notes,  and  cniiccniing  the  Banks. 

[  June  24tb  laid  upon  the  lable,  and  ordered  to  be  printed.] 


Be  it  ordained,  That  the  twelfth   and   thirteenth  sections, 

2  and  the  last  clause  of  the  sixteenth  section  of  chapter  fifty- 

3  eight  of  the  Code  be,  and  the  same  are  hereby,  suspended, 

4  in  respect  to  the  Banks,  which,  since  the  seventeenth  day  of 

5  April  last,  have  made,  or  may  hereafter  make  loans  to  this 
G  Commonwealth  and  the  Government  of  the  Confederate 
7  States,  or  to  either  of  them.  The  "loans  and  discounts" 
S  and  the  ''circulation"  of  the  Banks  so  lending,  may  exceed 
9  the  restrictions  thereon  by  the  amount  of  their  loans  to  the 

10  Commonwealth    and    the   Government  of   the    Confederate 

11  States,  until  the  same  be  repaid.     The  Banks  are  severally 

12  authorized  to  loan  to  the  Commonwealth  and  to  the  Govern- 

13  ment  of  the  Confederate  States  thirty  per  cent,  on  their  re- 

14  spectivc  capitals,  in  the  ratio  of  twenty  per  cent,  to  the  Com- 

15  monwealth,  and  of  ten  per  cent,  to  the  Government  of  the 

16  Confederate  States;  and  a  loan  to  either  shall  impose  an  obli- 


17  gation  to  loan  to  tlu.'  other  in  the  ratio  aforcsnid ;  provided 
IS  that  upon   the  ccriificalc  ol  the  Anditor,  that  the  wants  of 

10  the  CommonM'cahli  will  1)0  sn|  jiliod  by  loans  hy  the  Banks 

20  of  loss  than   the  twenty  per  rent,  aforesaid,  they  sliali  scve- 

21  rally  be  at  li!;erly  to  inf^reasc  their  loans  to  the  Government 

22  of  the  Confederate  Stales  by  sncli  defirieney.     The  Ranks 

23  shall  1)0  at  liberty  to  receive  and  circulate  tlif  Treasury  Notes 
21  of  ihe  Connnonwealth  and  the  Government  of  the  Confe- 
25  derate  Slates. 

In  addition   to   tlu^   snin   authorized    to   be   borrowed    by  the   ^ 

2  or(h'nai»ce  entided  "an  ordinance  to  authorize  the  issue  of 

3  Treasury  notes,"  passed  April  oOth,  1  SOI ,  and  l^tr  the  pur- 
1  poses  therein  de;dared,  tlie  paynuMit  of  interest  on  the  publio 
5  debt,  and  to  pay  ihc  expenses  of  the  Convention,  the  Gover- 
0  nor  is  hereby  authorized  U^  direct  the  Audit :)r  of  Public  Ac- 
7  counts  to  borrow  for  the  Comnionwealih  the  farther  sum 
S  of  four  inillionsof  dollars;  two  millions  whereof,  according 
\)  to  the  provisions  of  the  ordinance  aforesaid,  and  the  residue 

m  according  to  the  provisions  of  this  ordinance  for  that  purpose 

11  the  Auditor,  on  the  order  of  the  Governor,  shall  issue  Trea- 

12  sury  Notes  for  the  amount  directed  to  l)e  borrowed  The 
1.')  notes  issued  according  to  the  provisions  of  this  ordinandi 

14  shall   bear  no  interest;  be  payable  on  demand,  in  sums  not 

15  less  than  five  dollars,  and  when  presented  at  the  Treasury, 


3 

IG  in  Slims  of  five  hundred  dollars,  or  above,  in  multiples  of 

17  one  liuiidrcd  dollars,  niay  be  converted  into  registered  bonds 

18  of  the  State,  bearing  six  per  cent,  interest,  at  the  option  of 

19  the  holder.     AH  and  singular  the  enactments  of  the  ordi- 

20  nance  above  mentioned,  except  as  the  same  are  hereby  mo- 

21  dificd,  shall  be  accepted  as  a  pari  of  this  ordinance,  as  if  the 

22  same  were  herein  repeated. 

The   Banks,  or  any  of  them,  entitled   to  have  their  notes 

2  countersigned   by  the  Treasurer,  may  have  them  counter- 

3  signed  in  like  manner,  to  the  extent  of  their  loans  under  this 

4  ordinance,  by  depositing  the  Treasury  Notes"  and  bonds  of 

5  the  Confederate  States,  or  either  of  tlicm,  subject  to  all  the 

6  provisions  (^f  section  furty-nine  of  chapter  fifty-eight  of  the 

7  Code,  edition  of  ISGO. 

Inasmuch  as  the  preparation  of  the  notes  hereby  authorized 

2  is  ail  addition  to  the  general  dnties  of  the  Treasurer  and  Au- 

3  ditor,  and  because  it  will  involve  a  large  amount  of  labor  not 

4  contemplated  as  part  of  their  olRcial  duties,  the  said  Trea- 

5  surer  and  Auditor  shall  each   be  allowed  at  the  rate  of  three 

6  dollars  for  each  thousand  notes  so  prepared  and  signed,  by 

7  them. 


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